Anonymous Opinion Against Resumption of Charter, n.d. [c. May 1689.]

M.A., 107: 94A.

Since you are, [illegible] earnest to know what my thoughts are about the calling of the freemen of this Colony to keep an election in the appointed time, as an expedient for the better setling our trubled affairs; I shall be bold plainly to give you not only my own sense of it but the mind of divers thinking men here; who judge it not so convenient at this time, because it can not be done without a first declaring for and resuming of the former Government and [elections?] against which there are severall reasons that are to them of weight, viz 1. Though the Charter were unjustly condemned, yet it was done in a pretence and form of law, upon which judgement was entered up; an alteration of the Government presently ensued, and was practically submitted to, and cannot therfore be orderly resumed, but by a reversion of the Judgement, which we hope will be done by the parliament of England. 2. The pretence of our taking up arms, and forcing the Government out of the hands of Sir E. A. was necessity, and self preservation, by reason of the intolerable oppressions, and imminent dangers wee were apprehensive of, that were in no other way to be prevented, whereas to do this thing now, will render us suspected, that our real intent was, forcibly to ressume our old Government, and that will look with an ill aspect; besides. 3. to say that providence hath thus opened a doore for us, as some do, when it is a providence, if they so say, of our own making, will be little better than to mock providence, now, 4. is it to be thought that the army will be unanimous in it, the far greater part of which consists of such as were no freemen in the Old Government: nor is it a little matter to consider. 5. that it will expose the Gentlemen who interposed as Mediators in this affaire and [they if any] thing be miss-managed, will bee princippall Transgressors; who did. 1. ask for the surrender of the Government, and 2. promise safety to the persons and estates of Sir E. A. etc. wheras this to do, will both confine us to this Colony, and put those Gentlemen beyond a capacity of performing their undertaking: but wee also urge. 6. The continuing a Committee of Safety will bee more correspondent to the present undertaking, being built upon the same necessity which wee pleded for our taking up of arms: and finally. 5. [sic] let us consider, that wee expect every day the coming in of a ship from England, with the restoring of our Charter to us; and a mercy waited for, when it comes orderly, will bee [sweeter] to us, than if we forestall Gods providence and [carry] it out to ourselves, especially when we are not driven to it, since it is certain that when ever such a thing comes, the formere Government Immediately reverts, though the usual time for election had past.

Gloucester, Beverly, Wenham and Salem Village to Council of Safety, n.d. [c. 1 May 1689]

M.A., 107: 8.

To the Honoured Gentlemen the Counsell for Safty We the subscribers being imployed by our severall towns and places to doe and manifest to your selves that which we doe judg may be best for them: we being sencable that about three yers sine ther did com into this colony of the masachusets severall persons pretending to have power and thay then did thrust out from the exercise of the Goverment those that were orderly chosen by the freemen acording to the exsprest comand of the king and the crowne of England and thhos [sic] and such like persons have hindered us ever since from atending our duty in the yearly electing our Governer and Majestrets etc as we were by the king in our Charter commanded; but the said persons now of late being by gods good providence perswaded: and have delivered that said goverment out of thier hands to such as god moved to seek the welfare of this people we doe therfore desier earnestly that acording to the said kings command at the time apoynted by him for our election we may discharge our undoubted duty in Chosing the Governer and such others as the king in our Charter hath commanded which we doe finde will be the most efectuall way to preserve the Goverment to the dispose of the Crowne of England: according to our Charter and our persons and estats shall be at the command of thos soe chosen and excepting of thier places to assist them ther in from Gloster James Stevenes from Beverly Exercise Conant Peter Woodbery from Wenham William Fiske Thomas Patch Walter Fayerfield from Salem village Nathaniel Putnam John Putnam

Lynn Town Meeting to Council of Safety, 1 May 1689.

M.A., 107: 8A.

At Lynn: on the first of May. 89: At a generall towne meeting, and very full and unanimous:

It was voated unanimously, and noe one voted Negatively, as followeth. 1. That their, will, as one man is: That there shall be. Now a new and orderly Election, upon the eighth day of May: 89: of Governor Deputy Governor and all other Rulers and officers usually Chosen at our General Court, and eighteen Assistants: for the Governing Ruling and Ordering the Generall affaires of this Collony. with a deputy or deputies from every Towne in the Collony according to Antient Custom And that all the Sober and Honest Housholders or Freeholders in the Township, shall have their Free liberty to voate in the Election above-said. That soe this Government may be found in such a Method, when Order shall Come from his Highnes. the prince of Orrange and highest powers of England as near as may be as it was before our order was soe intruded upon and taken from us

Testified per me Oliver Purchis Cleric

Copy of Act of Council of Safety, 2 May 1689.

Haverhill Town Records.

By an act of the Council for safety of the people, and the conservation of the peace the Inhabitants were warned to appear: -

The Act being as followeth:

By order of the President and Council

Isaac Addington Clerk

To the Capt: and Selectmen of the Town of Haverhill.

Returns of Town Meetings to Council of Safety, May, 1689.

Abstract of Returns of the Towns, 22 May 1689 [C]

M.H.S., Misc. Large MSS. M.A., 107: 52–54 is a less elaborate summary of the returns, now badly torn but with the following returns not in the “Abstract” legible: Ipswich: for reassumption; Westfield: to assist with the Council sent one person; Hatfield: sent one person to cousult and advise with the Council; Salem Village: encourage to reassumption; Groton: for reassumption provided that Mr Waite Winthrop, Mr Shrimpton, and Mr Nelson be added.

A summary of the previous returns of the towns with the omission of any mention of the returns of Hatfield, Westfield, Enfield, Deerfield, and Ipswich. For Sudbury, however, the abstract is ‘For Reassumption if generally agreed to,’ which was presumably that town’s second return since the town return printed above is in favor of the Council of Safety.

Vote of Towns’ Convention, 24 May 1689

Printed. At a Convention of the Representatives of the several Towns and Villages of the Massachusetts Colony in New-England. (Boston, R. P[ierce], 1689). Bristol B97. P.R.O., C.O. 5:855, 44–5A poor facsimile in Cushing, 3:643.

At a Convention of the Representatives of the several Towns and Villages of the Massachusetts Colony in NEW-ENGLAND

We the Representatives of the several Towns and Villages of the Massachusetts Colony in New-England, convened at Boston, May 22nd. 1689. having fully and deliberately examined the Minds and Instructions of the several Towns belonging to the said Colony, do find it to be the General Consent & Concurrence of our several Towns to Reassume the Government according to Charter-Rights; Having also weighed and Considered the Propositions presented & tendered to us by our Honourable Governour, Deputy-Governour, & Assistants chosen and Sworn Anno 1686: Do therefore with Respect to the Directions by our several Towns, and in Prosecution of our former Declaration presented DECLARE our Minds and Resolutions for the Settlement of Civil Government amongst us, according to Charter- Directions: Having seriously weighed the present Circumstances & Shatter’d Condition this Colony is in;

And being tenderly sensible of the Afflicting Hand of G O D which is at present upon us in regard of our Unsettlement & Want of that Civil Jurisdiction that in former dayes we have rejoiced in; and Knowing also the earnest Desires and Expectations of the several places we belong unto, to receive a comfortable Answer & Return in order to their Re-instating & Settlement under their former Patent Rights, that so they might enjoy Tranquillity, as in former dayes and pleasant years that are past. This Colony having likewise solemnly Addressed themselves to Almighty G O D by Fasting and Prayer, for Pardon of our manifold Wilderness-Provocations, and Restoring to us our Pleasant beings, and for Direction in this present Juncture to such Methods and Ways of Settlement of Civil Rule, as may most conduce to His Glory, and the Peace, Safety, and Prosperity of this our poor distressed land: And taking signal Notice of a Gracious Answer to our Prayers, in the Unanimous Agreement of our several Towns & Villages, concurring in their Apprehensions and Desires of the Reviving of our Charter-Rights & Proceedings, and that we do again Settle upon that firm Foundation that we have already built upon, and have signally observed the Presence of G O D attending the same,

We do therefore so far prize our former Liberties and Enjoyments both Civil and Sacred, as to resolve (by the help of God) to venture our Lives & Estates for the Revising & Maintaining of them; knowing and believing such a way of Settlement comfortable & safe for our selves; and Correspondent to the noble Undertaking of His Royal Highness the Prince of Orange, in the late Settlement of Affairs in the Renowned English Nation, &c. Whose ancient Liberties and Rights in their several Cities and Corporations, He hath reinvested them withal; and (we doubt not) will encourage and Commend us (in the midst of our Oppression) for initiating so Noble & Prince-like a Pattern in using all due meanes for the Recovery of what was so unjustly & unreasonably rent out of our hands.

The Reasons inducing us to these our Resolutions Premised are

1. That it is an Undertaking allowed and countenanced by His Royal Highness our Renowned Prince that we be reinstated in our Patent Priviledges, and be found in such a Method of Government according to our ancient Charter Rights, which He hath given Patterns of and Directions to in the Realm of England, which Realm we have an Dependance upon and stand in so near a Relation to.

2. That there is an absolute Necessity of Settlement of Civil Government amongst ourselves without which we cannot enjoy Peace Safety and Tranquility.

3. That the Dependence and Method of Settlement of the said Government in the present Juncture lieth wholly in the People.

Being Sensible also of the great Disadvantage & Danger we are all in, in the present vacancy of Government, subject to Violence. Likewise understanding the great Disadvantages that Merchants and Traders, and all honest men are in of Recovering of their honest Debts and Dues, whereby they may maintain their Trading, and approve themselves faithful to those (not only at home, but in Foreign Countreys) they Correspond withal.

We do therefore trust in Almighty GOD, to carry on and prosper our Desires & Endeavours, which GOD hath so farr succeeded.

The Representatives of the several Towns in said Colony, having seriously weighed the sad Circumstances that this our Countrey is at present under, Do hereby (in behalf of our selves and Countrey) Declare this to be our mind and full Resolutions (by Divine Assistance) to settle a Government according to Charter-Directions, & our Patent-Priviledges. And do hereby declare the Honourable SIMON BRADSTREET Esq; our Governour, Thomas Danforth Esq. Deputy-Governour, with the rest of the Assistants chosen and sworn Anno 1686, to be Reinstated as formerly, and take the present Care & Conduct of this people, together with the Deputies sent from the respective Towns of this Colony, according to ancient Custom, and as need requires; And that there be Acts of Jurisdiction put forth, for the Preservation of our Peace, Prosperity and Safety. Likewise that there be a Choice made of a Major General, for the Regulation of Military Affairs; and also Assistants for the Supply of such as are wanting in Government; and that this Method of Government may be found amongst us when Order shall come from the higher Powers in England.

We do therefore Devolve the full Power of Government upon, and intrust in the Hands abovesaid, fully Confiding in the said Honourable Persons for the Administrations of Government for the ensueing part of this year till a further Choice be made according to Charter-Direction as aforesaid; But in case Order from Higher Power from England (upon whom we have Dependance) be transmitted for any Alteration; Then the said Government thus Constituted do signify the same to the respective Towns of this Colony, That so they may be Consulted with in order to their Approbation and Compliance.

Further, We do expect, and signify our Desires (and that according to our several Instructions from the Several Towns, whose Representatives we are) that there be an Enlargement of Free-men for the annual Choice of Government thus Re-instated to faithfully endeavour the Confirmation and Settleing of Charter-Priviledges.

And we do further Declare our High Esteem of those Honourable and Worthy Gentlemen, who have intervened in an hour of our greatest Extremity and Temptation, and implore Almighty GOD to retaliate their great Kindness, & grant them the Blessings of this & a better Life, and hope we shall pay all honourable and due respects to them, and perform for them what may be justly expected at our hands.

This we present as a fall and Final Declaration of our Minds and Votes, expecting the Conservation of our Peace from the Government thus Constituted, further depending upon Your Honours Compliance, in such and no other way of Settlement, Knowing in this our Act, we have discharged our Consciences to our Countrey, contrived the best Expedient for the present Settlement, and must leave it to Your Honours Defect, if any evil Occurrence shall for the future happen to this Countrey, by your Non-Compliance with us.

Unanimously Voted by the Representatives

Convened at Boston, May 24th. 1689

Ebenezer Prout, Clerk to the Representatives.

Collected by some of the Representatives out of their Declarations for the Satisfaction of their several Towns.

Printed at Boston by R. P. Anno supradict.

Notice of Election of Five Assistants, 29 May 1689.

M.A., 107: 67. Dated at Boston.

• Capt. Waite Winthrop
• Coll. Samll. Shrimpton
• Capt. Jonathan Curwin
• Capt. John Phillips
• Capt. Jeremiah Swaine

Were Chosen by the Major part of the votes of the Townes of the Massachusetts Collonie to be Assistants to joyne with the present Government untill further order from England for Settlement of Government. And Capt. Wait Winthrop is alsoe chosen to bee Major Gennerall of the Millitia of this Colony accordingly.

who were chosen by the Representatives of the severall Townes of this Collonie upon the 24th instant a Committie for this affaire

Boxford Town Meeting to the Council of Safety, 3 June 1689

Boxford Town Records.

At a lawfull Town meting hild in Boxford June 3d 1689

In answer to an order sent from the honerad president and Councell of Seafty of the peepol and Conservation of the peece the Town of Boxford have chosen John Pebody sener and Thomas Pearly sener to bee their representatives teell the goverment shall be seatled only they bee to sarve but on at a time: and not to Consent to seet up aney goverment Countrery to our Charter preveliges and also to Concur with the other representitives of this Colony which aer to meet at boston on the fifth day of this enstant June: as a teast John Pebody Clark

Governor, Council, and Representatives to John Hampden Junior, 8 June 1689.

B.P.L., Manuscripts American 1502. Printed 4 M.H.S.C., VIII, 538539. Dated at Boston.

Thomas Danforth to Increase Mather, 30 July 1689. [C]

Printed Hutchinson Papers, II, 567–571. Dated at Cambridge.

An account of the 18 April uprising (which, he claims, was “acted by the soldiers that came armed into Boston from all parts, to the great amazement of the beholders”) and a statement of the motives of those who supported and opposed the revolution. We “are not without hopes but that before you do receive these lines we shall receive from their royall Majesties the confirmation of our charter, with such additions of privileges as may advance the revenue of the Crown, and be an encouragement to their Majesties subjects here.”

Benjamin Davis541 to Edward Hull,542 31 July 1689.

P.R.O., C.O. 5:855, 80. C.S.P.C.#311. A number of letters are summarized. It is stated that they express “the deplorable Condition” of New England “not onely by the Successe the Indians and French hath had in the Warr against the English there, butt allso the miserable Condition they are in by the tumults and Confusions amongst themselves for want of a settled Government.” Davis’s letter is stated to have been dated 31 July 1689 in Boston.

Governor and Council to Shrewsbury, 26 October 1689. [C]

P.R.O., C.O. 5:855, 113–114. Entered C.O. 5:905, 153–156. C.S.P.C. #513. Signed by S. Bradstreet in the name and by the consent of the Council.

Repeats information about resumption of government in letter of 6 June 1689 (see 88, above); malcontents and disaffected have been creating confusion. The state of the war discussed; its chief seat is now in Maine. They are short of money and ammunition but will endeavour to defend their majesties’ interests as well as they can. They express their loyalty and obedience.

Governor and Council to Shrewsbury, 30 October 1689. [C]

P.R.O., C.O. 5:855, 116–117. Entered C.O. 5:905, 157–158. C.S.P.C. #523 where wrongly dated. Signed by Simon Bradstreet in the name and by the consent of the Council.

In their last of the 26 October they forgot to give an account of the state of Albany. The Albanyites can get no help from New York City; the New England colonies are beset by sickness and need their men for their own defence. They suppose their Majesties will receive information directly from Albany.

Thomas Woollson and others to General Court, 2 January 1690.

M.A., 35: 154.

To the Honorable Generall Court of the Massachusetts Colony now assembled att Boston in New England January 2nd 1689.

The humble Address of us whose names are hereunto Subscribed in behalf of ourselves and others our Neighbours, who are Inhabitants Freemen and non Freemen of said Colony Shewing our Reasons herein offered to your Honors and worships consideracion for the Enlargement of Freemen. Especially Such as are Freeholders in this Colony (according to the law of England) and allowing themselves in no knowne Sin, being Faithfull to uphold our Eights and priviledges of which wee are Lawfully possessed. Vizt.

1. Because They have shewed great Faithfullness to this Country in ventureing their Lives and hazarding their Estates, for the Retriving our just Rights and propertyes, when wee were Exposed to Extremity of oppression, and they to invasion.

2. That in a manner the Burthen of the Country respecting their adversaryes to its prosperity cheifly lay on their shoulders.

3. That the Townes of this Colony have Signified their willingness, that there should be an Enlargement of Freemen made therein, manifested by their representatives in their declaration, beareing date May 24th 1689.

4. Because It will be an absolute meanes to unite the hearts of this people Together in the bond of Love which undoubtedly will conduce much to the preserving of the peace, Unanimity and quiet of this Colony, and be an encouragement for all to Stand up for the future to the ventureing of our lives and Estates as need shall require to the withstanding of all Adversaryes that shall rise up against their Majesties Interests and our Government here for the overthrowing thereof, and divesting us of our Rights, libertyes and priviledges which wee have been and are possessed of [Signed] Thomas Woollson543 Richard Barns544 Thomas Brigham545 Samuel Goodenow546 Thomas Bird547 Thomas How548 Samuel Brigham549 Isaac How550 Nathaniel [Oake?]551 Eliazer How552 James Hosmar.553

Charlestown Inhabitants to King n.d. [c. January 1690]

P.R.O., C.O. 5:855, 158–159. Entered C.O. 5:905, 185–188. C.S.P.C. #743. M.A., 107: 75–76 is an incomplete copy. Another copy in M.H.S. MSS Large, 1639. Printed A.T., II, 79–81. Endorsed as read in Council, 24 April 1690.

To the King’s most Excellent Majestie

The Humble Address of Sundry your Majesties Loyal Subjects, Inhabitants in Charlestowne.

Wee your Majesties most Loyal and Dutifull Subjects, being deeply sensible of the admirable Blessings, by the Almighty’s providence bestowed on your Majestie and all your Subjects, in making your Majestie the true Defender and Maintainer of the Protestant Religion, and the Laws and Liberties of the English Nation, and placing you on the Throne of those Kingdoms, Do return our hearty and unfeigned thankes to God, for his great goodnes therin: And in all Humility offer to your Majestie our Duty and Allegiance, with our continued prayers for your Majesties Long, happy and prosperous Reign over us. That as the Sun gives heate and warmth to the utmost parts of the Earth, so we may be Influenced and cherished by your Majesties Grace and favour, and be made partakers of those Common benefits which your Majesties great Clemency and Goodnes distributeth to all your Subjects.

We cannot but truly Lament the great disorder and confusion these parts are brought into by the rash and inconsiderate actions and designs of a disaffected prevailing party amongst us, who upon strange and groundless pretences, did in the month of April past Ceize and Imprison the person of the Governor, Several Members of the Council, the Judges, Justices and severall other principal Officers and Ministers and take into their possession and command your Majesties severall Forts and Garrisons, Disband your Forces, and therby wholly subvert and overthrow the Government established by your Majesties Predecessor discharging and hindering all other Officers from the further observance and Executing of their respective Offices, and setting up and placing instead thereof, severall Scenes and Representations of Government and Jurisdiction, as uneasy and unsafe for your Majestys Subjects, as unwarrantable for them to act; Whereby not only som of us, but many other your Majesties good Subjects are brought under great hardships and inconveniencies for maintaining and asserting your Majesties Right and Soveraignty here (which by many is too much disregarded) and refusing to comply with their Exorbitant, irregular and arbitrary actings and proceedings; Having hearts full of Duty and Loyalty to your Majestie, we chose rather to continue faithfull under our sufferings, though to our considerable damage, besides the great Loss and Spoyle and inconveniencies that the whole Country in Generall hath already Susteined and is likely to Susteine thereby, the particulars wherof are too tedious here to relate.

And as we are fully satisfyed we can have no redress or reliefe herein under God, but from your Majesties abundant goodnes and compassion which in all dutifulnes we humbly Implore may be extended towards us, and that your Majestie would be graciously pleased to afford your favour and protection to your Subjects here, in setling such forms and methods of Government over them as in your great wisdom shalbe thought most proper and agreeable for your Majesties Service and the good and wellfare of your Subjects, that they may not be wholly Estranged from and denyed the benefit of the Laws of England; and that all persons holding the fundamentals of faith and order may be amicably treated, and according to Rules of Christian charity: The which alone can heal our breaches and compose our disorders, and save us and others your Majesties Subjects from being a prey to our French and Indian Enemies, who in their present posture of affaires, have too great advantage against us.

Wee humbly beg your Majesties gracious acceptance of this our Address, being from persons wholly devoted to your Majesties Service in all Duty and obedience, and who account it their greatest hapines to be Esteemed, as sincerely they are—

Your Majesties most Loyal and Dutifull Subjects Thomas Greaves Richard Sprague John Cutler Junior Jerahmeel Bowers Jno Jackson William Richardson Thomas Welsh junior John Robinson Andrew Mitchell Rich: Hooper Timothy hawkins Samuel Whetmor.

Boston Members of the Church of England to King, n.d. [c. 25 January 1690]

P.R.O., C.O. 5:855, 157. Entered C.O. 5:905, 176–177 and 5:723, 177–181. Endorsed as read 24 April 1690. C. S. P. C. #742, where it is dated 25 January. Printed as part of A Vindication of New England (?Boston, 1690), Evans 452, A.T. II, 28–32, where it contains emphases and italicisation not in the original and omits three phrases and a number of words. The “printed Treatise” most probably refers to Increase Mather, A Brief Discourse concerning the Unlawfulness of the Common Prayer-Worship (Cambridge, Mass., 1686), Evans, 490, reprinted London, 1689, Wing, M1186.

To the Kings most Excellent Majesty

The humble address of Your Majesties most Loyal and Dutifull Subjects of the Church of England in Boston in your Majesties Territory and Dominion of New England.

Most gracious Soveraigne,

There has but few yeares past over our heads since by the grace and favour of your Majesties Royal Predecessors we were delivered from the Slavery and thraldome of a most extravagant and Arbitrary Government, which had long been exercised over us and many others of your Majesties Subjects under Colour and pretence of a Charter (wherein no part thereof but the name was ever made use of or reguarded) and by that means has been so happy to enjoy the freeedome of Divine Service and Worship after the manner of the Church of England which was never untill the vacateing of the said Charter admitted or allowed to any but all were forced by their penal Laws to frequent their meetings and be deprived of the benefitt of the holy Sacraments and other sacred rites, none being admitted thereto but such as are in Church Covenant and fellowship with them and their Children which does not include the 10th part of your Majesties Subjects in these parts to the great Shame and Scandal of the Christian Religion and hindrance of the Propagation thereof.

That though Since we have had the liberty of our religion we have endeavoured to carry ourSelves void of offence to those that dissent from us and have at our own Charge built and erected a Convenient Church for the publick worship and Service of God yet such is the malice of our Dissenting Neighbours that we are become the object of their Scorne, and forced to take many affronts and indignities by them frequently offered to our persons and Religion which some of their Principal Teachers have lately in a printed Treatise Charged to be Idolatry and Popery.

Wee have lately to our great horror and amazement been forced to behold a well establisht and orderly Government here Subverted and overthrown the Governour Several of the Council and other Principal Officers and persons by force of Arms Seized and kept under long and hard Imprisonment your Majesties Forts and Garrisons forced out of the hands of those appointed to Command them your Majesties standing forces and others raised and imployed for the defence of the Countrey against our Indyan and other Enemyes disbanded and their Officers cruelly Seized and Imprisoned and by that means an advantage given to our enemyes who have Since destroyed and laid wast a very Considerable and goodly part of this Your Majesty Territory with the loss of Some hundreds of your Subjects and many Forts and Garrisons in those parts of considerable force and Service which by the disbanding of the Souldiers were left and deserted. Your Majesties Frigott here ordered for the defence and Security of the Coast against Pirates and other enemyes dismantled and made wholly unserviceable whilst Pyrates infested the same your Majesties revenue which amounted to about Twelve Thousand pounds per annum wholly lost and all this by a party of pretended Zealous and godly men moved upon no other grounds or reasons but their own ill principles malice and envy being more fond and reguardfull of their former Charter Government (famous for nothing but their Maleadministrations and cruel prosecutions of all persons differing from them in matters of Religion only) than of their Duty and Allegiance to your Majestie who have since taken upon them to sett up and exercise their said former Government and to put in execution the pretended Laws made under the same which are wholly Contrary and repugnant to the Laws and Government of your Majesties Realm of England and to the great grievance and oppression of some Thousands of Your Majesties Loyal Subjects but more particularly to those who now humbly address your Majestie who have been thereby injured and abused both in their Civil and religious Concernments our Church by their rage and fury haveing been gready hurt and dampnifyed and daily threatned to be pulld down and destroyed our Minister hindred and Obstructed in the discharge of his Duty and Office and wee now put under the Burthen of most excessive Rates and Taxes to Support the interest of a Disloyal prevailing party amongst us who under pretence of the publique good designe nothing but ruine and destruction to us and the whole Countrey.

And as we cannot but from the bottome of our hearts declare our utter abhorrence and dislike of these and all other their Seditious and Rebellious actings and proceedings So we are resolved with patience to undergoe and Suffer whatsoever Shall be imposed upon us and to maintain our Duty and Allegiance to Your Majestie not doubting but that by your Majesties Gracious favour and protection, wee Shall be relieved and Delivered from the Same.

Amongst these our Sufferings we were gready comforted when to our aboundant Joy and Satisfaction wee received that joyfull news of Your Majesties most great and glorious enterprize for the Defence and maintainance of the Protestant Religion and interest and of your Majesties happy accession to the Crowne and since your Majestie has been graciously pleased to have particular reguard to the Religion of the Church of England So we hope that Smal branch thereof which hath but lately sprung forth in this remote part of the world will not want your Majesties favour and Countenance that it may (as noe doubt but by Gods blessing it will) grow up and flourish and bring forth fruites of Religion and Loyalty to the Honour of Almighty God and the promotion and increase of your Majesties Interest and Service.

And to that end we humbly beseech your Majestie that wee may not be left under that Anarchy and confusion of Government under which this Countrey hath so long groaned but that the same may be ruled and Governed by a Governour and Council to be appointed by your Majestie with the advice of an Assembly of the people in matters proper for their Cognizance as others your Majesties Plantacions are Ruled and Governed with Such other liberties and priviledges as your Majestie shall think most proper and conduceing to Your Majesties Service and the General good and welfare of your Subjects in the Several parts of this your Territory and Dominion of New England.

That the great God of Heaven would continue to bless your Majestie with a glorious Success in all your undertakings, enable you to vanquish and overcome all your enemies and give you a long happy peaceable and prosperous Reign over us and all your Subjects through out your Realms and Dominions, and that they may never be wanting to shew forth their Duty and Obedience to Your Majestie is and Shall be the hearty and continued prayers of

Your Majesties most Dutiful and Loyal Subjects

In the Name and at the desire of the whole Church

Maine Inhabitants to King, 25 January 1690 [C]

P.R.O., C.O. 5:855, 152. Entered C.O. 5:905, 176–177. C.S.P.C. #740. A copy in M.A., 35: 184–185. Printed D.H.S.M., V, 32–4, against which the names of the signatories are amended.

Andros efficiently put down Indian attacks. On his imprisonment their country was left without defences and the Indians committed many outrages. Their calamities have been continued and increased by the insurrection against Andros, the alteration of the government of Boston and the irregular proceedings and management of affairs there since. They ask for royal assistance and protection “and that by the influence of your Majesty’s happy government established over them they may be capacitated to vainquish and overcome their enemy’s and repossess themselves of what they formerly enjoyed.”

• Samuell Walker, Nicholas Manning, Lawrence Jones, John Dolton.
• [Vines] Ellacott the mark of P of John Paine.
• Thomas Scottow, James Dennes, John [blank]
• John R. Ryall, William Dines, John Spencer.
• John Wrifard, Francis Lord.
• Francis Johnson, Thomas Giles

Inhabitants of Boston and Adjacent Places to King, 25 January 1690.

P.R.O., C.O. 5:855, 153–154. Entered in part C.O. 5:905, 176–177. C.S.P.C. #741.

To the Kings Most Excellent Majesty

The Humble Addresse, of Divers the Gentlemen Merchants and other Inhabitants of Boston in New England and the adjacent places.

Humbly Sheweth—

That the Government sett over these Collonyes by his Late Majesty without an Assembly being different from that of your Majesties Kingdome of England and all Plantations belonging to the Crowne, Seemed therefore grevious unto your good Subjects here, Although the Uniting of them Added to our happynesse in divers Respects, (which Persons Seeking their private designes may otherwise Represent to your Majestie).

That the Eruptions of the Massachusetts, and Yorke Governments Leaves the Land in a verry broaken and unsteady posture.

Wee your poor and distressed Subjects doe therefore humbly Implore your Majestie will bee pleased Gratiously to shew your Princely favour and compassion to us: in Commissionateing fitt Persons to view the State of this poore Land and heare the Cryes of the distressed and out parts that May not bee able to apply to your Majesty.

Or appointeing such a Governor and Councill over us who with advice of an Assembly chosen by the Freeholders, and Inhabitants, here, may by a good Administracion of the Lawes of England, and (others not Repugnant and of Absolute Necessity for the good of the place) may prevent our further Ruine and Losses, and that soe many of these Little Provinces as to your Majestie may seeme meete bee united, under one Government for healeing the breaches amonghts us our Mutuall defence and Support and making us a Secure Bullworke against the French, and Indians, who greately threaten your Majesties Interrest here, which to Save and promote shall even bee the desires and endeavours of Your Majesties Most Dutifull and Loyall Subjects:

Dated at Boston, in New England the 25th of January in the first yeare of Your Majesties Reigne 1689/90.

Governor and General Court to Increase Mather, 29 January 1690. [C]

Printed, Hutchinson Coll, II, 575–576. Dated at Boston.

Praises Mather for his labours. “Your providential deteinure behind our friends, who arrived about two months since, wee hope was in mercy, and will turn to our advantage. We understand there seemed to be an absolute necessity of your appearance for us. Wee have thought it adviseable to send over our worthy friends Mr Elisha Cooke and Mr Thomas Oakes, (who are knowing and well acquainted with all transactions and the state of our affaires) whom wee have joyned in commission with the right honourable Sir Henry Ashurst, knight and baronet and yourselfe as our representatives in England, or so many of you as shall there be resident; and given them instructions. The informations and evidences wee have gathered up against Sir Edmund Andross, and the others sent home with him, they bring with them, though they fall gready short of what might have been procured had not wee been under the disadvantage of missing to finde Sir Edmunds papers at the time of the revolution, which we then supposed to be burnt, or otherwise made away with, and many of their actings in things that would make them most obnoxious, were so subtilly carryed on as not to be committed to writing that might afterwards rise up against them.” They are glad that so many have left the colony whom they are glad to get rid of. “Wee have endeavoured to make some provision by this conveyance for the discharge of our just debts in England, and refer it to yourselfe and others our friends joyned with you in commission, to make some suitable present unto such of those honourable Gentlemen who have befriended and assisted our affaires at the court, unto divers of whom wee have written particularly, and sent the letters open, that so you might have the perusal of them.” Certain steps in the administration of government in the colony have been taken, including executing some notorious criminals, found guilty of piracy and murder.

Governor and General Court to Shrewsbury, 29 January 1690. [C]

P.R.O., C.O. 5:855, 160–161. C.S.P.C. #745.

Acknowledges royal letters of 13 July, 12 (see above, 175–177) and 15 August 1689 (see C.S.P.C. #340) and reports on their compliance with those letters’ orders; on the situation at Albany; and on fears in New England that both French and Indians may soon attack. In New England they hope to take some action themselves which may be a good step to end the Indian war and a service to the Crown. “Wee pray your lordshipps on our behalfe to lay these things before his Majesty. And as occasion shall offer to give your favourable representation of our affaires, and our Agents that shall negotiate the same.” Signed “Simon Bradstreet Governor in the name of the Generall Court.”

Governor and Council to Shrewsbury, 29 March 1690. [C]

P.R.O., C.O. 5:855, 181–182. Endorsed as received 27 May 1690. Entered C.O. 5:905, 192–194. C.S.P.C. #797. Printed A.T. Ill, 46–48.

They have sent letters previously by their agents. The French are animating the Indians, who have attacked Schenectady and Salmon Falls, and they fear further attacks. An expedition against Port Royal under Sir William Phips is resolved on which if successful will gready encourage an attack on Canada. They supplicate for arms and ammunition. They seek Shrewsbury’s “Assistance and Furtherance of our Agents, who wee have directed to waite upon his Majestie on occasion of this and other our publick affaires.”

Governor and Council to King, 29 March 1690. [C]

P.R.O., C.O. 5:855, 183–184. Entered C.O. 5:905, 208–209. Endorsed as received 27 and read 29 May 1690. C.S.P.C. #798. C.O. 5:855, 185–186 is a duplicate.

An address summarising the letter of the same date to Shrewsbury and particularly requesting arms and ammunition and “also that wee may obteine your Majesties Farther Grace and Favour in all other our publique concernes whereto wee have appointed our Agents to waite upon your Majesty.”

[Governor and Council] to Elisha Cooke, 21 April 1690.

M.A., 36: 42. Printed D.H.S.M., V, 85–6.

The Governor and Councill have now writen a Letter to the Principal Secretary of State to lay before his Majesty the present State and Condition of the Country by Reason of the distresse of the War, haveing given a more full and ample Account before by Mr. Shrimpton. The French and Indians are out in Partys upon the Eastern Plantacions waiting for Advantage to Surprise the Garrisons and to Pick men of the fields attending their Occasions, 120 men are lately Sent into the Province of Maine, Sir William Phips will Sayle this day or on the Morrow, if the Wind be favourable in the Ship Six Friends mounted with 42 Guns and is assisted by the Ship Mary Captne Cyprian [Southack] 20 Guns, Captne Aldens Sloop with 8 Guns, a Small Ship from Salem with Six Guns, and two Katches, on the Expedition to Nova Scotia and L’accadie. His number of Souldiers and Seamen will arise to 600 or upwards, men offer themselves voluntarily to the Service. Mr. Stoughton and Captne Sewall set forward this morning for New Yorke, being Commissioners for this Colony to meet the Commissioners from the severall other Governments betwixt Virginia and Boston to treat and conclude of such things as may Tend to the Setling and well Ordering a ready and Advantagious assistance, each to other against the Comon Enemy.

We have not the opportunity of writing by Capne George, but the Governor purposes to send one Letter on board for his Majesties Principal Secretary.

Nominations and Elections of Council, April–May 1690

P.R.O., C.O. 5:855, 287–8. C.S.P.C. #903. A list of nominations only in M.A., 36: 54 gives 893 votes for Thomas Danforth and 373 for Samuel Shrimpton and is signed by the Commissioners of the several Counties.

Captain Winthrop Major Generall. Phillips Treasurer Addington Secretary. Mr Stoughton and Captain Sewall Commissioners.

Governor and Council to Shrewsbury, 19 July 1690 [C]

M.A., 107: 218–219. Printed A.T., III, 48–51. Dated at Boston.

An account of the Indian wars, of attempts to raise a United Force within their Majesties’ several Governments as far as Virginia, and of preparations for attack on Canada by land and sea; of their success at Port Royal and in a local engagement against French and Indians; of the infestation of their coasts by French Privateers and Pirates. “Right Honourable, we fear overmuch to trespas upon your Lordshipps Patience, but accounted it our Duty humbly to lay before their Majesties this generall Account of the present publick Affaires, humbly supplicating their Majesties favourable Acceptance of our real Endeavours for their service, and gracious aspect towards their good Subjects of this Colony in full confirmation of our ancient Rights and priviledges, that our Agents now waiting at the Court for their End may be speedily dismissed home with Orders for the same, which will lay us under the highest Obligations for ever to acknowledge their Majesties Royal Bounty by the most Reall demonstrations of our loyalty and Obedience. . . .”

Governor and Council to Massachusetts Agents, 29 November 1690.

M.A., 36: 227–230. Dated at Boston.

Honoured and Worthy Sirs:

It’s now more than nine months from the time of our Agents departure Sent from hence with our humble Addresses to their majesties for our Settlement. Since which we have not been made happy with the receipt of a Line from your Selves, that might have been of direction in the Conduct of our Publick Affayres, circumstanced with so many and various difficulties; Although some not well Affected to the present Government have not been wanting to insinuate as if they had Intelligence of the Issue and ill Success of our Affayres in England and to spread abroad divers false Rumours respecting the same to amuse the People and make them uneasy, and thereby to render the Administration of the Government more difficult: We do not herein intend the imputation of any neglect to your Selves, or Omission of Opportunity for Conveyance, being sensible that those so acting have not been better furnished with Intelligences; But to intimate the Spirit that is found among us, and that the delay of a full Settlement, Especially considering the conjuncture of our Affayres, hath been of no little disadvantage. We have not knowingly ommitted any Conveyance to Impart unto you, what from time to time hath occurred with us in matters of moment particularily referring to the Warr, and the Expeditions set forth against the French and Indian Enemy, a Narrative of that to Port Royal, and of Gods Smiles upon us therein hath been forwarded unto you, and hope is come Safe to hand, with our Letters advising of our preparation to sett forth for Canada, which was accordingly put in Execution; The awfull Frowne of God in the disappointment of that chargable and hazardous Enterprize you will have a particular Account of in the Narrative accompanying of these;554 wherein whatsover, Some may charge as matter of clame upon these, or those Instruments Imployed in the Conduct of that Affayre, yet is the providence of God, appearing against us in the same, to be specially remarked, and taken notice of, partly by the long continuance of contrary winds at their Entring the River, retarding their Voyage that they were neer thrice times so long goeing up, as their passage was to the Rivers mouthe, and Notices thereby given to the Enemy to prepare, and opportunity to draw down their Forces to oppose them. As also the withdrawing of the Land Forces, notwithstanding our pressing the necessity of a Reinforcement of that Expedition to keep the Enemy alarmed, and buisy above, Endeavouring all we could the prosecution thereof; Although the Indians (as is said) fell so gready short of appearance, as they had promised Count Frontenac555 comeing with his Souldiers to Quebeck but three days before our Ships got thither, and then the unseasonablesness of the weather after their arrival there, and several other particular providences concurring in their disappointment gives as plainly to see the finger of God therein and shall our Father Spit in our Face, and we not be ashamed. God grant we may be deeply humbled, and inquire into the cause, and reforme those Sins that have provoked so great Anger to smote against the prayers of his people, and to answer us by terrible things in Righteousness; And no less of Gods anger hath appeared against us in the loss of so many of our Friends sent out in that Expedition, in and at their return by the contagion of the small Pox, Fevers and other killing distempers, which upon a modest computation (with those Slain, and dead of their wounds) we cannot reckon up less then Two Hundred men in the whole or thereabouts, whereof neer fifty are Indians. God is holy and righteous in all his waies, and forever to bee adored in his wisdom and Sovereignty. We are Sensible there will not want those who will Endeavor to traduce and misrepresent us in the designe and management of this so chargeable and hazardous an Undertaking, whereto it being by most apprehended we were Enforced through necessity for our own Safty, we can truely Say, we had no other Ends therein, but the glory of God, the preservation of their Majesties interest, and defending of their good subjects of these Colonys against the Incursions and depredations of cruel Anti christian and heathen Enemies, who were the first Assailants, and made their inrodes upon us both in the East and West the last Spring, and are useing all their jesuitical policy utterly to root us out, as you will see by the inclosed Narrative of Captain Davis556 accounting us (as the English nation in general) Rebels for our Loialty to their present Majesties. We may not Expect to live in peace, nor can their Majesties Interest in these parts be Secured, but by the Subdueing and bringing under these Malicious and bloody Enemies, who are wickedly designing and unweariedly industrious, spareing no costs, and bearing with the most insufferable injuries offered them by the Indians to proselyte and bring them over unto their side, that so they may have the fairer advantage to Infest and lay waiste the English Plantations, Nor can our Sea Coast, Fishery or Navigation be defended against their Invasions, without his Majesty shalbe pleased to afford us some Assistance of Shipping and other Supplies, which we desire you would humbly lay before his Majesty. And if his Majesty shall see cause to Order the Setting forth any Frigates for the reduceing of Canada, our Souldiers (who generally want neither Spirit, nor resolution) are ready to offer themselves again to that Service.

It is not unlikely that you may meet with some Complaints of our countenancing or connivance at irregular Trading, and not giveing due Encouragement to a private Ship of Warr, that Seised upon and brought in two English Ships from Newfoundland that came thither from France;557 you may truely Answer that we do not apprehend that we are justly to be taxed in the one or other such Complaints; and have not been wanting to our power to prevent irregular trading, by Improving of Officers to inspect and informe, as also to Seize upon any such, and upon particular Occasions granting forth Special warrants for the takeing hold of any acting in that kind, and shalbe alike carefull to proceed against them according to the direction of the Law. One ship is at present under Seisure in order to Tryal on that Account: And for the Ships brought from Newfoundland, one was Seised being wholly discharged of any French Goods (if she brought any) and reladen with Fish, the other was Seised with French goods on board, the Captain laid his Informations and joyned issue against both, upon breach of his majesties Declaration of Warr, Inhibiting of his Subjects holding of communication or correspondence with the French King or his Subjects. In which Declaration there is no penalty Set down, nor Rule given how to proceed against any Ships or Vessells that come from France, and this was an English Ship bought there as the Merchant alledged to bring off himselfe and other English Prissoners and not trading from or to France within the meaning of the Kings Declaration. She was acquitted of that Information, but afterwards reseised by the Countrys Officer for breach of the Acts of Trade, which being done as is alleged in Newfoundland, Security is taken for the Answering of it in England; The case of the other Ship being differently circumstanced from the First, is transmitted to the High Court of Admiralty to be there determined, of which you may have a farther Account. In the beginning of this month Seven or Eight of the Eastern Indian Sagamores sent in a writing by the hand of a Captive, and came themselves to Wells to make ventures for Peace, Some Gentlemen from hence were appointed to discourse them, but e’re they came thither the Indians were all gone (Save onely one) pretending the time assigned for their return was neer out, and if they out stayed that their men would apprehend they were either killed or detteined Captive, and so mischiefes might ensue thereupon, our Gentlemen discoursed him that remained and agreed about the Exchange of Captives and that those who came to fetch the Captives Should be instructed to receive what further Overtures the Sachems (who would then be together) should make concerning a Treaty, and agree of time and pleace for the same. Captain Alden, Captain Convers, and some Gentlemen of Piscataqua are Employed in this Affayre, an Account whereof we may Expect within a weeke or Ten dayes at their Return,558 the English Captive that came in Saith, they are very poor and low, have lost a considerable number of their men, and some of prinicipal Note among them, Express themselves weary of the Warr and have this several months been meditating how to mediate, and bring about a peace with the English, the Success of this as all other our Affayres is with God, who we hope in all these darke dispensations of his providence, will at length cause light to break forth upon us on whome alone is our dependence and Expectations. Thus may you see the Sea of trouble that we are Swimming in, Nor are we altogether insensible of the great paines and difficulties your Selves are labouring under on our behalfe, their Majesties favourable Aspect towards and direction for the future management of our Publick Affayres, and Gracious Settlement of the Government is absolutely necessary to be hastened unto us, which we are humbly awaiting with longing Expectations, and desire you to Sollicit: We are gready thoughtfull about the discharge of our debts at home, and the makeing of Supplys to your Selves abroad, there wilbe soon other Opportunitys for writing to you; which we shall be carefull to improve, and possibly then be able to give you a more particular Accompt of the issue of the late great Expedition, wherein we doubt not you will not be wanting to Endeavour their Majesties Favourable Resentment of our sincere Intentions for their Service. Giveing our hearty Respects and Service unto you Selves and other Friends with you that wish our welfare, we commend you to the gracious Protection and guidance of God both in your personal, and publick Affayres you are Engaged in on our behalfe and begg your prayers for direction to our Selves in a right manageing of the Arduous Concerns under our hands

We subscribe Your Assured Friends and Obliged Servants. Sim: Bradstreet Governor in the name of the Council

For the Right   Sir Henry Ashurst Knight Baronet Elisha Cooke Esquire The Reverend Mr Increase Mather, and Mr Thomas Oakes Agents for the Massachusetts Colony

Inhabitants of Boston, etc. to Sydney and Address to King, n.d. [c. January 1691]

P.R.O., C.O. 5:856, 387–388, 391–392. Entered C.O. 5:905, 259262. Endorsed as presented by Sir Purbeck Temple to Lord Sydney 9 April, read 21 April. C.S.P.C. #1390, #1391, #1391I. A version of the “Humble Address” is printed with appended documents as To the King’s most excellent Majesty, The Humble Address. . . . (London, Henry Hills, licensed April 28, 1691). Wing T1501. See also A.T. II, 231269 for excerpts with hostile comments, published in London. This is discussed in Richard R. Johnson, “The Humble Address of the Publicans of New-England: A Reassessment”, New England Quarterly, LI, (1978). See C.S.P.C. #1393. This printed version of the “Address” omits 29 signatures, indicated by asterisks in this transcription; but contains two names not in the original manuscript: John Hammond and Fr[ancis] Littlefi[e]ld.

From the Inhabitants of Boston etc. to the Secretary of State

with an Address

Right Honourable

The low Ebb of his Majesties Interest in these parts, Occasioned by the Tumultuous Removal of the late Government under Sir Edmd. Andros, and the Distractions and Divisions Arising therfrom, has moved sundry of his Majesties Loyal Subjects by an Address, briefly to Represent to his Majestie the miserable and Distressed Condition of his Subjects in General, Inhabiting within his Majesties Territory and Dominion in Newengland; which, knowing your Lordshipps concern for his Majesties Interest in all parts of his Realms and Dominions, they have desired us to Hand unto your Lordshipp to whose wisdom we must leave it to Consider whether it be needfull and fitt for his Royal Inspection. And if it be not, we perswade ourselves, your Goodnes will not only Cover our weaknes, which nothing but our fervent Devotion to his Majesties Service has made us thus to discover, but also Excuse

Your Lordshipps most Humble Servants

Nicho: Paige, Thomas Greaves, Richard Sprague, Laur. Hammond,

Fra: Foxcroft, Nathll: Clarke, J: Nelson Jams Lloyd.

To the Kings most Excellent Majestye

The Humble Address, of divers of the Gentry Merchants, and others your Majesties most Loyall and dutyfull Subjects Inhabiting in Boston, Charlestowne, and places adjacent, within your Majesties Territory and Dominion in New England in America. In most Humble Manner Sheweth.

That many of us in our late humble Address, prostrated our selves at your Royall Feet, and should with all Silence and humility, have waited your Royall Will and pleasure, did not your Majesties interest, and our peace and safety at this day, more urgently enforce us, to spread before your sacred Majesty the deplorable Estate and Condition of this your Territory and Dominion. The Late Revolution divideing the said Territory into term parts, or Colonyes, vizt. Pemaquid, Province of Maine, New Hampshire, Massachusetts, Plymouth, Rhode Island, Kings Province, Connecticot, New York, and East and West Jerseys, thereby much debilitating each other, and giveing great advantages to our Enemies the French and Indians, and many hundreds of your Majesties subjects murthered and Captivated; Pemaquid, all the Province of Maine, save two Townes, and Scenecdeka in the Colony of New Yorke, the Frontier Towne to Canada, and Inlett to New England, being since destroyed; some depredations made upon New Hampshire, and the Massachusetts and all the other out-Townes in Imminent danger, and your Majesties poor subjects there in great distresses and feares, being exposed to the Rapine and Cruelty of the Enemy, whenever Attacqued by them.

That an Expedition was made by some of your Majesties Subjects, in the Massachusetts Colony, against the French at Port Royall, who surrendered themselves upon Articles, but noe care taken, to preserve the same for your Majesties service, Little annoyance given to the Enemy, by that or any other Enterprize hitherto Engaged in.

That an Agreement was made, by those who pretend to Governe your Majesties said Colonyes, to make an Attacque upon the French at Canada; To which end, New York, and Connecticot Colonyes, were to raise, and send by Land, of the English, and Five nations of the Indians two thousand men, and your Majesties Colonies of the Massachusetts and Plymouth were to Equipp a Navy by sea, of thirty two saile, and two thousand two hundred soldiers and Marriners, which (without your Royall Comission or order) was accordingly done. But the Land forces failed of their performances, and the Navy sent to Quebeck being defeated the whole designe was frustrated, to the almost mine and destruction of your Majesties subjects here, being sett forth at a vast Expence, which besides the former heavy taxes, will leave even the Massachusetts Colony (as we conjecture) in further Arreares of at least Fifty Thousand pounds. Many of your poor Subjects alsoe being destroyed by the Enemy, and dead by distempers and diseases happening amongst them in the said Expedition.

That by reason of the want of Government settled by your Majesty, the divisions, and strifes at New York, through the Arbitrary Impositions and Exorbitant proceedings of the pretended Governor there, are risen to such a height, that your subjects in that Colony have lately taken up Armes, one against another, and some blood is already spilt, which will further weaken your Majesties poor subjects, and greatly encourage the Enemy, whose returne upon us by Land, and men of Warr from France by sea in the Spring, we have great reason to feare; whom to resist, through want of yor Majesties Government, as alsoe of Armes and Ammunition to defend our selves, we shall be utterly incapacitated for.

DREAD SOVEREIGNE. We your poor, Loyall distressed subjects, therefore humbly supplicate your Royall favour to be extended towards us, in Commiserateing our Lamentable Estate. And that you will be gratiously pleased to take us, into your Imediate Care and Protection, and send us such speedy reliefe and Assistance, as in your princely wisdom shall seem most meet, to save us, and ours, together with your Majesties interests in these parts, from totall Ruine.

And your most obedient and Loyall Subjects, as in all duty bound, will every pray, for your Majesties Long and prosperous Reigne

Cotton Mather to Thomas Hinckley, 26 February 1691.

B.P.L., Manuscripts American, 1508. Printed 4 M.H.S.C, V, 248–249. Dated at Boston, “26.d ii.m 1690”559

Nominations of Magistrates, 14 April 1691

P.R.O., C.O. 5:856, 399. C.S.P.C. #1399. The name omitted between number nine and eleven is presumably that of Samuel Appleton, who appears nowhere else on the list but was elected. See Court Records, 20 May 1691, above.

14 APR: 1691 MAGISTRATES ELECTED [SIC] FOR THE YEAR 1691

Magistrates Elected for the year 1691 in N: England

At a meeting of the Commissioners of the Severall Shires within the Collony of the Massachusetts Bay at the Town house in Boston, Tuesday April 14th 1691 for the opening, Sorting and Numbering of the Votes for Magistrates or Assistants, Viz

Governor and Council to Nottingham, 8 May 1691. [C]

P.R.O., C.O. 5:856, 529–530. C.S.P.C. #1472. Copied M.A., 37: 24–25. Endorsed as received 7 July 1691.

Refers to royal orders of 30 April 1690 about the disposition of guns and a sloop claimed by New York.561 The state of the war and of the French and the Indians is discussed. “Intelligence has arrived here from England whereby we might be given to understand what his Majesties pleasure may be for Setling the Government of this their Majesties Colony. We humbly beg your Lordshipps favourable Aspect upon our Agents in their Sollicking of that Matter and to Assist their Speedy dismission so soon as his Majesty shall be graciously pleased to give Orders and directions in that Matter.”

General Court to Massachusetts Agents, 14 October 1691.

M.A., 37: 172. Dated at Boston.

Massachusetts Nominations and Election, April-May 1692

Printed 3 M.S.H.C., X, 120–121. The italicised names are crossed out in the original and indicate non-election.

Increase Mather to William of Orange, n.d. [9 January 1689]

M.A., 129: 345. Printed A.T., III, 146n–147n.

The humble petition of Increase Mather Rector of the Colledge at Cambridge in New-England in the behalf of himself and the Protestant Inhabitants in that Territorie.

Humbly Sheweth

That in the reigne of King James the first their Ancestors of Blessed memory for the sake of God and their conscience, left their native Country, and found a wilderness now called New England, and Planted and built there, and had many grants in fee for the inheritance of what they soe dearly purchased, but since the year 1683 their Charters have been ravished from them by Judgement in the high Court of Chancery in England without allowing them time to make the least defence, and a Governour is imposed upon them vizt. Sir Edmund Andross who hath accepted of an illegal and Arbitrary Commission Impowering him to make Laws, and raise money without any consent of the People in soe much that their ancient established Government is totally subverted; And they are exposed to the Cruelty and rapine of the Indians annimated by the French, and their Religion persons and properties to the utmost hazard of an absolute distinction unless speedily releived by your highness.

Wherefore your petitioner humbly implores your highness That you wilbe gratiously pleased To declare under your hand and signe manuall That it is your pleasure That New England should be Restored to its Ancient Rights and priviledges and that their old Charters should take place as formerly.

And your Petitioner as in duty bound shall ever Pray etc.

William of Orange to Sir Edmund Andros, and Memorandum 12 January 1689

P.R.O., C.O. 5:905, 41–42. C.S.P.C. #8. This is the draft of a “circular” letter or proclamation to be sent to all colonial governors.

William Henry, by the Grace of God, Prince of Orange.

Whereas upon our Coming into this Kingdom the Lords Spirituall and Temporall; the Knights Burgesses and Citizens heretofore members of the Commons House of Parliament during the Reign of King Charles the Second residing in about London, and the Aldermen and Members of the Common Councill of the said City, in their Assemblys in this Extraordinary Conjuncture, have by their Respective Applications desired that wee would take upon us the administration of publick affaires both Civill and Military, and the Disposall of the Publick Revenue and for the preservation of the Peace, and for other good Ends and purposes in their said applications mentioned. Wee, desiring the happy State and Peace of this Nation and the Dominions thereunto belonging, and intending to promote by the best meanes the particular good and welfare of the Territory and Dominion of New England, and to prevent by the Care and Circumspection of the officers and magistrates in that Government, the Inconveniences that otherwise may arise; Wee doe hereby Constitute, Direct and appoint that all Persons, not being Papists, who at the time of the Receipt of these Letters shall be duly and lawfully possessed of or Interested in any office or Place of authority or Government either Civill or Military within that Territory and Dominion, shall be and hold themselves continued in the said offices or Places under the same Condition as formerly they held and enjoyed the Same, untill other Orders Shall be received from England, or that other Provision be made in Pursuance of the Powers of Government Committed to you. And that in the mean while for the Preservation of the State and necessary Proceedings in matters of Justice, all the said Persons of whatsoever Degree or Condition do not faile every one Severally according to his Place Office or charge to proceed in the performance of all Duties thereunto belonging as formerly appertained unto them; And wee do further hereby charge and Require all Persons of what Estate or Degree soever within that Territory and Dominion to be ayding and assisting to the said officers, and ministers in the performance and Execution of their said offices and Places, as they and every one of them will Answer the contrary at their Perill. And wee do further Require that all orders and Directions Lately made or given by any Legall authority shall be obeyed and performed by all Persons as fully and amply as the same should have been obeyed or don according to the purport thereof untill further orders as aforementioned. Given at St James’s the 12th day of January 1688/9.

W.H. Prince of Orange

By his Highness’s Command

Wm Jephson.

Memorandum Upon the Application of Sir William Phipps and Mr Mather this Letter was stopt: and ordered not to be sent.

Abraham Kick to Princess of Orange, 1 February 1689 [C]

P.R.O., C.O. 5,855, C.S.P.C. #11. Endorsed “transcribed from a printed copy of brought from Holland by Kaleb Lamb Master of a Briguntine who [illegible] touched in England to cleere his vessell.” Printed in A Brief Relation of the State of New England (London, 1689), licenced 30 July 1689. Wing M1189. Reprinted in A.T. II, 151–170.

He writes on behalf of the people and churches of New England. Their patent was taken from them by stratagems. He is sure “that so soon as they shall come to hear of the great and wonderful things that God hath done in England by His Highness, for the Restoring of Charters and Priviledges, they will then Address themselves to Your Highnesses, seeking the Restoration of theirs; yet in regard they are so many thousand Miles distant, it will be long e’re it come to their knowledge.” He therefore prays “to God that He will please to move your Heart to take the First opportunity to help them to the Restoration of their Ancient Patent, Priviledges and Liberties: That they and all the Churches of God may have reason to own His Highness, and your Royal Highness, as Healers of their Breaches, and Restorers of Paths to dwell in . . .”.

Mather Diary, 2 February 1689

A.A.S., “Diary 1689” 59–60.

. . . Humble Requests to God in Jesus Christ.

1. That Hee will pour of his Holy spirit on me. 2. Prosper my negotiation for New England. 3. Be mercifull to this Land, and settle matters well as to the Government here, and therefore incline the Assembly now met at Westminster. 4. Bless my Family 5. Return me to New England. 6. Continue Health to me and to Samuel, and give grace to that childe. Amen! O Lord my God Amen, and Amen! 7. Direct about the publication of my Nathaniel’s Life, and bless it, if printed for glory to God and good to souls.564 (This day as I was thus praying, the House of Commons past a vote that Charters should be restored, and in particular charters belonging to the plantations.)565

Increase Mather to Sir Henry Ashurst, 18 February 1689

B.P.L., Manuscripts American, 1502. Mather VII, 76. Printed 4 M.H.S.C., VIII, 117.

Sir—I have a Great Request to make to you. And I am perswaded you will not deny me.

The last night I was at Whitehall; and my Lord Shrewsburyes (the Secretary of State) Clark informed me that this day about 5 a clock in the afternoon, our New England affair will be before the Committee of forreign Plantations: Hee advised me not only to attend there myselfe; but, to ingage some other Gentlemen to be with me; and of his owne accord mentioned your selfe.

I therefore humbly pray that you will favor (not me but) New England so farr as to Condescend to this proposal and desire of, Sir, Your Servant,

Increase Mather.

Increase Mather and Sir William Phips to King, n.d. [c. 18 February 1689]

P.R.O., C.O. 5:751, 3. Entered C.O. 5:905, 77. C.S.P.C. #18. Endorsed as read 18 February. A copy in M.A., 129: 317, printed in A.T. III, 149.

To the Kings most Excellent Majestie.

The Humble Petition of Sir William Phips Knight and Mr. Increase Mather Rector of the Colledge at Cambridge in New England.

Sheweth

That the severall Charters of Incorporations and priviledges granted to the four Colonies in New England were in and since the year 1684 invaded and taken away in illegal and arbitrary proceedings whereby Simon Broadstreet, Thomas Hinkley, Robert Treat566 and Walter Clark567 Esquires with the Magistrates who had been severally chosen in due manner to be Governours of the said respective Colonies were actually deprived and dispossessed of their said Governments and a Commission beareing date the 3d of June 1686 granted to Sir Edmund Andros to enter upon the Government of the said Plantation of New England (amongst other things) impowering him with four of his Councell to levie monie and make Lawes without the consent of the people by their representatives contrary to their said Charters Priviledges and Originall Rights and Constitutions.

now actually determined by the happy devolution of the Crown upon your Majesty.

Your Petitioners humbly beseech your Majesty that the said Colonies may share in the Common deliverance with their fellow subjects here and may be restored to their ancient Priviledges that they so long enjoyed by vertue of their said Charters, and particularly that the said Simon Broadstreet, Thomas Hinkley, Robert Treat and Walter Clark may with the rest of the Magistrates be permitted to enter upon and administer the said Respective Governments whereof they were in possession in the said year 1686. And your Peticoners shall ever pray etc

Journal of L.T.P., 18 February 1689 [C]

P.R.O., C.O. 391:6, 197–198. C.S.P.C. #19. The draft text of a letter to accompany the Proclamation is also given.

Draught of a Proclamation for Proclaiming King William and Queen Mary in all the Plantations read and approved, and their Lordships agree to present it to the Council for further approbacion. The Draught of a Proclamation for the continuing Offices in the Plantacions read and approved in the like manner, with the exception of Jamaica. . . .

Order in Council, 18 February 1689

P.R.O., C.O. 5:751, 2. Written in margin of Mather’s and Phips’s petition, (426 above). Entered C.O. 5:905, 78. C.S.P.C. #18.

At the Court at Whitehall the 18th day of February 1688/9. His Majestie being graciously disposed to gratifie the Petitioners, is pleased to referre the consideration of this Petition to the Right Honourable the Lords His Majesties most Honourable Privy Councill appointed a Committee for Trade and Forreigne Plantations, forthwith to examine the Allegations contained therein, and to report to His Majestie their opinions what may be most for His Majesties Services, with a regard to the generall advantage of the said four Coloynes in New England, and thereupon His Majestic will signifie his farther Pleasure.

Shrewsbury

Order in Council, 19 February 1689

P.R.O., C.O. 324:5, 36. C.S.P.C. #20, #21. This order is written at the bottom of the copy of the Proclamation of 18 February.

At the Court at Whitehall the 19th February 1689.

By the King’s Most Excellent Majesty and the Lords of his Majesty’s

most Honourable Privy Councill.

Upon reading this day at the Board Severall drafts of Proclamations prepared by the Right Honourable the Lords of the Committee for Trade and Forreigne Plantacions in pursuance of an Order of the 16th instant for proclaiming the King and Queen Within their Majesties Severall Colonys and Plantacions in America His Majesty in Council was pleased to approve of all the said drafts, Except that for New England, the further Consideracion whereof is respited untill the Business of taking away the Charters there shall be heard by the Said Committee, and the true State thereof reported to His Majesty and their Lordships are desired to proceed upon it the first time they meet.

Journal of L.T.P., 20 February 1689

P.R.O., C.O. 391:6, 199–201. Entered C.O. 5:723, 78 and C.O. 5:905, 78. C.S.P.C. #25.

[The Petition of Sir William Phipps and Mr. Increase Mather referrd by his Majestys Order of the 13th Instant read and summarised.] And the Petitioners attending are called in and heard by their Council, and having complained of an Irregular Proceeding upon the Scire facias, whereby the Charter of the Massachusets Bay was vacated; their Lordships order that Sir Robert Sawyer, who was Attorney general during these Proceedings, and Mr. Penryn Clerk of the Petty-Bag Office, together with the Attorney upon Record, have notice to attend at the next Meeting of the Committee, with the Record of the Scire Facias and Judgement, upon which the Charter of the Massachusets Bay was vacated, in the order to give their Lordships an account of the Proceedings.

Journal of L.T.P., 22 February 1689

P.R.O., C.O. 391:6, 201–203. Entered C.O. 5:905, 78. C.S.P.C. #28.

Sir William Phipps and Mr Mather attending with their Council are called in and heard. After which Sir Robert Sawyer gives their Lordships an account of the several proceedings upon a Quo Warranto and Scire Facias, against the Charter of the Massachusetts Bay, And that Judgement had been given against their Charter, for levying Money illegally upon his Majesty’s Subjects; for Coyning of Money; for imposing an Oath of fidelity to themselves upon the Inhabitants not being free of the Company; for making several Crimes Treason and Felony that were not soe by Law. Whereupon their Lordships taking notice that his Majesty’s Revenue in the Plantations is very much concerned herein; as alsoe that the French who border upon these Colonys have lately Invaded his Majestys Dominions in these Parts, It is agreed to offer, That his Majesty bee pleased to send forthwith a Governor to New England in the place of Sir Edmund Andros, with a Provisional Commission and Instructions to Proclaim His Majesty in those Colonys and to take the present care of the Administration of the Government of those parts until further Order. In which Commission and Instructions it may bee expressed that noe Money shall bee raised by the Governor and Council only And their Lordships will likewise propose, That his Majesty doe thereupon give such further Order for preparing, as soon as may bee, such a further Establishment as may bee lasting and preserve the Rights and Privileges of the people of New England, and yet Reserve such a Dependance on the Crown of England as shall bee thought requisit.

Morrice’s Entring Book, [c. 22 February 1689]

Dr. Williams’s Library, London. Morrice’s Entring Book, II, 480–481.

On Friday in the afternoon Mr. Mather etc was heard by the Privy Counsell at White-Hall, in that great affaire touching New England. The Petitory part of his Petition was humbly to begg that the Government of New England might be put into those persons hands it was in before their old Charter was wrested from them. Sir Robert Sawyer was there of Counsell against New England in defence of the New Charter and Government, and said they had forfeited their Charter by many misdemeanours etc. That they had made by many pernicious By: Lawes, as for example, one that a rebellious son should be put to death, which was never put in execution in any one place whilst it was in being, and it was long since Nulled.

Others against mixed Dancing etc. and aggravated all things against them with all the bitternesse and malice that he was master of.

Journal of L.T.P., 26 February 1689

A.P.C.C., II, 125, P.R.O., C.O. 391:6, 203–204. Entered C.O. 5:905, 80. C.S.P.C. #37

His Majesty was . . . pleased to Order, That it be referred back to the said Committee to consider of, and prepare the Draft of a New Charter to be granted to the Inhabitants of New England, with such Powers and Clauses, as may suite with, and be agreeable to the Laws and Government of this Kingdome, and may preserve the Rights and Properties of those Colonies, and reserve such a Dependance on this Crowne, as is advised in the said Report. And that instead of a Governor to be sent in the room of Sir Edmond Andros, there be appointed Two Commissioners to take upon them the Administration of the Government there, with Directions immediately to Proclaim King William and Queen Mary. And his Majesty is graciously pleased further to Order, that such of the Merchants and Planters as are at present here in England, do forthwith attend the said Committee, in order to their Recommending to their Lordships one of the Commissioners for his Majesty’s Approbation.

Mather Diary, 12 March 1689

A.A.S., “Diary 1689,” 68.

. . . Ground for Thanksgiving to the Lord my God.

1. God has preserved my life and Health and my Samuels with me, since I was in New England. 2. Hee has bin gracious to my Family in my absence. 3. My Nathaniel has left a good (and by the printing of his life) a lasting name behind him. 4. The Lord is with my son Cotton. 5. My endeavors here for the good of New England have not bin wholly fruitless. For. 1. King and Council have ordered the removal of Andros, and that no moneys shall be raised on the people in New England without their consent. 2. The House of Commons has voted that charters shall be restored to plantations as well as to Corporations here in England.

Bless the Lord O my soul.

Mather Diary, 14 March 1689

A.A.S., “Diary 1689,” 68–9.

. . . A.M. In the Speakers Chamber, with Mr Hambdens [Hampden] etc.

P.M. My Lord Wharton introduced me to the King with whom was my Lord Lovelace.568 I said to him, I congratulate your Majesties happy accession to the Crown, and I implore your Royal favor for New England. The King replyed, you may rest assured that I will shew them all the kindness which is in my power to do. I said, I may speak it humbly to your Majesty, The prayers of New England will stand you in more stead than an Army of 40000 men such a good and praying people, are they. The King replyed I believe they are a good people but I doubt there have bin Irregularities in Government there. I replyed, I dare ingage that they will comply with proposals for Reformation [Autobiography: “that they should be willing to reform any errors”]. My Lord Wharton said, and Ill be their Guarantee, and here is Mr Mather the Rector of the Colledge there should be the other, wee two will stand bound for New England that for the future they shall act regularly. The King said that Hee would further give order that Sir Edmond Andros should be removed from his Government in New England and that Hee should be called to an accounting and that the former magistrates should proclaim the present King and Queen. I replyed, they would do it with the Joyfullest hearts in the world. The King said that should reassure till his further pleasure known, that would send commissioners etc. [Autobiography: Last sentence omitted]

Order in Council, 18 April 1689

P.R.O., C.O. 5:905, 81. C.S.P.C. #75. Printed 4 M.H.S.C., II, 298; A.T., III, 151n.

At the Court at Hampton Court the 18th of Aprill 1689. Present the King’s most Excellent Majestie in Councill.

The Earle of Shrewsbury is directed upon Inquiry from those who have the most considerable Interest in New England, New York and the Jerseys, to present to the King the names of such as may be thought fit at this time to be Governor and Lieutenant Governor of those parts.

Several Persons To King, n.d. [post 18 April 1689]

Printed 3 M.H.S.C, I, 120–122; A.T., III, 151n–152n.

To the King’s most excellent Majesty,

The humble petition of several persons having considerable interest in New England and the Jersies.

MOST HUMBLY SHEWETH,

That your majesty having directed the right honourable the Earl of Shrewsbury, upon inquiry, with those persons who have the most considerable interests in New England, New York and the Jersies, to present to your majesty the names of such persons as may be thought fit at this time to be governour and lieutenant governour of those parts; whereof we receiving notice crave leave most humbly to represent to your majesty, that the inhabitants and proprietors of the colonies of New England and the Jersies have always had, by virtue of their charters and grants, a power to choose their respective governours; and the honourable House of Commons having voted the presecution against, and taking away such charters and franchises to be illegal, and a grievance, and that they be restored and confirmed—it is humbly conceived, that the appointing of a governour by your majesty over the colonies of New England and the Jersies, is inconsistent with the said charters and grants, (against one of which only judgment hath past,) and with the votes aforesaid, and will be a great disappointment to the hopes of your majesties subjects there and here, grounded upon your majesty’s most gracious declarations.

Your petitioners therefore most humbly pray, that your majesty would be graciously pleased, that the respective charters, grants, rights and liberties of the said colonies of New England and the Jersies may be restored and confirmed accordingly.

And your petitioners shall ever pray.

Reasons against sending a governour to New England.

1. The people there have by their charters power to choose their own governours, and all other officers; and all their charters are in force still, excepting one, there having been no judgments passed against them, nor any surrenders; and as for that one, against which judgment has been entered, it proceeded by a scire facias, etc. illegally managed.

2. They that are concerned for New England do confidently affirm, that there is not one in an hundred, nay, not one in a thousand, of the inhabitants there, who does not desire that their government by charter might be continued to them. If the King shall please to gratify their desires therein, they will cheerfully expose themselves, and all that is dear to them in this world, to serve his majesty. But if their former rights and privileges be withheld from them, it will cause an universal dissatisfaction and discouragement amongst the inhabitants. Nor can any thing be thought of that will more endanger their being ruined by the French or other enemies near them, except taking from them their charter rights, as is manifest in that when they enjoyed their charter, they easily subdued their enemies, but since that it hath been otherwise.

Journal of L.T.P., 26 April 1689

P.R.O., C.O. 391:6, 208–210. C.S.P.C. #90. Printed in R.P., IV, 264.

. . . . New England. Their Lordships will alsoe move his Majesty for the speedy setling such a Government in New England, New York and the Jerseys, as upon recalling Sir Edmund Andros, may enable the English there not only to oppose by their United Forces, the French of Canada and Nova Scotia, but to carry on such farther designs as his Majesty may find requisit; Without which Union and Government the French may easily possess themselves of that Dominion and the Trade of those Parts.

Samuel Sewall to [? Thomas Papillon], 26 April 1689

Printed in 5 M.H.S.C, V, 251–252. Dated at London, at the “Hat in Hand.”

HONOURED SIR,   Necessity puts men upon hard Shifts to find out some pretence or other for making their addresses to those from whom they may expect relief. There was Capt. John Hull,569 of Boston in New England, with whom in his life-time you had some Correspondence by way of Merchandize. He died in September 1683, leaving a Widow570 and a Daughter, who is my wife; by whom I had an Estate that might afford a competent Subsistence according to our manner of living in New England. But since the vacating of the Charter, and erecting a Government by Commission, the Title we have to our Lands has been gready defamed and undervalued: which has been gready prejudicial to the Inhabitants, because their Lands, which were formerly the best part of their Estate, became of very little value, and consequently the Owners of very little Credit. Sir, I am glad that you are returned again to England, to your Country, Possessions, and dear Relations, and to a Seat in Parliament. I hope your former Distresses will help you to sympathise with others in the like condition. I, and several besides me, are here far removed from our Wives and Children, and have little heart to goe home before some comfortable settlement obtained, whereby we might be secured in the Possession of our Religion, Liberty and Property. I am informed some favorable Votes have been passed in the House of Commons, wherein New England was mentioned. I intreat your forwarding of such Votes as you have Opportunity, in doing which you will be a Partner with God, Who is wont to be concerned in relieving the Oppressed. I shall not take up more of your time from your momentous Employments. My hearty Service presented to you, I take leave, who am, Sir, your humble Servant,

Sam. Sewall.

Morrice’s Entring Book, 27 April 1689

Dr. Williams’s Library, London. Morrice’s Entring Book, II, 541.

At the Committee for forraine Plantation the close of the last Weeke the Earle of Nottingham and all that party Moved very fervently that Sir Edmond Andrews might be continued Governour of New England, because it was a very factious and seditious place, and in great danger of revolting from the King etc. [space in original] whispered to the Duke of Boulton late Marquesse of Winchester, and bid him answer the Earle of Nottingham, and he did so and said Andrews was a very unfit man to continue there and had greatly oppressed the people, and acted very Arbitrarily, and had been very injurious to them both in Civill and Religious Matters. That they were a most Loyall people and well affected to the King, but there was no danger at all of Revolting from the King etc. And thereupon the King said Andrews should be Removed.

Order in Council, 2 May 1689. [C]

P.R.O., C.O. 5:1, 4–5 Entered C.O. 324:5, 44–47. C.S.P.C. #102.

At the Court at Hampton Court.

On reading a representation made by the L.T.P. “concerning his Majestys Plantations in reference to a Warr with France.” The text of the representation of 26 April 1689 is then given: Ordered that L.T.P. consult with Admiralty about sending ships to West Indies; consider of Men, Arms and Ammunition to be dispatched to St. Christophers; “Propose to his Majesty the Names of fitt persons to be sent as Governors to the Plantations, and what may be fitt to be done for his Majesties service in this present conjuncture, as well for settling the Government of New England, New Yorke, and the Jerseys, as for securing his Majesties Interest in the Severall Proprieties in America.

Cha: Montague

Diary of Samuel Sewall, 9 May 1689.

Printed 5 M.H.S.C., V, 254.

Thursday, May 9, went to H. Court, to wait on the King and Council. Mr Mather not there: said he was feverish, yet I perceive was at Change. Sir Robert Sawyer spake of the Quo Warranto in Charles the First’s time, and supposed we had no Charter: asked if any had seen it. I said I had seen a Duplicate. Dr Cox571 craved Day; so we are to appear agen next Thorsday, and just as we were going out, by Sawyer’s means were called back, and then he spake of the Quo-Warranto for misdemeanors, and we are ordered to attend the Attorney General with our Charter.

Reasons Alleged in Scire Facias for Vacating Massachusettts Charter, n.d. [29 May 1689] [C]

P.R.O., C.O. 5:855, 14–15. Entered C.O. 5:905, 141–143. C.S.P.C. #153.

Summarises the reasons as illegal levying of money; erecting a mint and issuing coins; imposing illegal oaths. With a memorandum on the surrenders etc. of charters of Connecticut, New Plymouth, Rhode Island, and East and West Jersey.

Diary of Samuel Sewall, 17 July 1689.

Printed 5 M.H.S.C., V, 266.

Mr Mather, on Change, told Captain Hutchinson572 and Samuel Appleton573 that he had put in their Names as Witnesses to Sir Edmund’s raising Money without an Assembly. . . . A Moneth or two agoe Mr Mather spake something about it, and I said I could not tell whether ’twere so convenient then, because we hoped every day for the Parliament Act to come forth, and thought Sir Edmund might have friends there, and such a thing as this might make them more desperately eger to hinder the Bill. But now the Bill is even despaired of, and our friends in N.E. are in for Cakes and Ale, and we must doe all we may and swim or sink with them.

Order in Council, 25 July 1689

P.R.O., C.O. 5:905, 107. C.S.P.C. #291.

At the Court at Whitehall

the 25: July 1689.

Present the King’s most Excellent Majestie in Councill.

Upon reading the Petitions of Sir Edmond Andros Knight Late Governor of New England and others Seized by some People in Boston and deteined under close Confinement there, Humbly praying that they may be either set at liberty or sent in safe Custody into England to answer before His Majestie what may be objected against them. His Majestie in Councill is pleased to Order as it is hereby Ordered, that the said Sir Edmond Andros and others their Majesties Subjects in New England that have been in like manner seized by the said People in Boston and are deteined by them under confinement, be forthwith sent on Board the first Ship bound hither, to answer before His Majestie what may be objected against them, And that they be civilly used in their Passage from New-England and safely conveyed to His Majestys presence. And one of His Majestys principall Secretarys of State is to prepare Letters to such as for the time being take care for the preserving the Peace and Administring the Lawes in their Majesties Colony of the Massachusetts Bay in New England, for his Majesties Royall Signature accordingly.

Will Blaythwayt.

Journal of L.T.P., 10 August 1689

P.R.O., C.O. 391:6, 247. C.S.P.C. #328.

An Address to his Majestie from the President and Councill of Safety at Boston in New England is Read with an Address from the Governor, Councill and Convention of the Massachusetts Bay, and an Address from the Generall Court at New-Plymouth, as also a Letter from Captain George Commander of Their Majesties Ship the Rose dated at Boston the 12th of June Last. Whereupon Their Lordships agree to Move his Majesty that a Letter from his Majesty may be sent to the Colony of the Massachusets Bay, Signifying to them his Majestys Approbacion of Their Readiness in Proclaiming Their Majesties and Impowering them to Continue the Administracion of the Government in Their Majesties Name, and the Preservation of the Peace, Untill his Majesty shall have given directions for the more Orderly Setlement of the Government.

Thomas Cullen to Charles Montague, 14 August 1689 [C]

B.P.L., Manuscript Accessions 2706

Alleges there had been a plot to overthrow Andros and seize his officials “the effecting of which would be the best step towards the obtaining of that which they have so earnestly endeavored after; viz; their Charter that they may follow their former illegal trade; but by the way a little, so soon as the government was settled here; upon their application to the Lords of Committee for the forraign Plantations they had (as I suppose yourselfe knows) an assurance that Sir Ed: Andross should be removed, and Commissioners sent over to sett all things to rights; but this not pleasing application is made to severall members of your Honorable house, for the putting of a clause into the Corporation bill to restor them to their Charter also. . . .”

“By this Seizuer they are put into a Capacity to follow their former illegall tradeing, which indeed has been the grand occasion of not onely all their Stirrs there, but also of their active and restless endeavours here to obtain their Charter, for they well enough know, that if they gitt not their Patent againe the forementioned trade so prejudiciall to the good of this Nation, will fail, this they do acknowledge themselves.”

Sir Henry Ashurst to [?Simon Bradstreet], 16 August 1689

M.H.S., Prince Papers. Ashurst’s letter of “13 instant” 1689 has not been found. The single letter may be a “B” and refer to Blathwayt. Dated at London. Commonly dated 6 August, but the “i” is clearly seen under ultraviolet light.

Journal of L.T.P., 2 September 1689

P.R.O., C.O. 391:6, 266–7. Not in C.S.P.C.

. . . .

New England. A Presentment from the Commissioners of the Customes to the Lords Commissioners of the Treasury and dated the 23 August last is read, Proposing that the People of New England may be Admonished to observe the Acts of Trade and Navigation Whereupon Their Lordships Desire that the Commissioners of the Customs may be directed to prepare a Letter to be sent to New England from his Majesty according to what is proposed in their Presentment.

Sir Henry Ashurst to [? Lord Wharton], 3 September 1689

Bodleian, Oxford. Ashurst Letter Book. The doubtful words may be a copyist’s errors. The recipient could have been any of the peers mentioned by Ashurst and Mather as friends to New England, but the presumption that it was Wharton is strong. Dated at St. James’s.

Increase Mather to [Lord Wharton], 11 September 1689

Bodleian, Oxford. Rawlinson Letters 51, f. 329. Dated “From Deale in Kent.”

Increase Mather to Thomas Hinckley, 12 September 1689

B.P.L., Manuscripts American, 1538. Printed 4 M.H.S.C., V, 209211.

Morrice’s Entring Book, [n.d.] c. 9 November 1689

Dr. Williams’s Library, London. Morrice’s Entring Book, II, 660.

New England. And further that after the case of New England had been at the Committee, opened to him at large with all the oppressions and cruelties they lye under, there is an Order of Council granted against them for the continuing of Sir Edmond Andrews and his Government, with all the Powers he had within his Commission, requiring them to deliver up all those Lands etc. to them again, which he had by injustice and force taken from them.

Journal of Lord Halifax, 6 January 1690.

Printed in H.C. Foxcroft, Life and Letters of Sir George Savile. . . II, 244.

Concerning the Corporation Act, he [William III] said, That Clause which tended to the making all Quo Warranty’s illegal, was inconvenient to pass. I explained New England to him, which he did not before fully apprehend.

Merchants to and Inhabitants of New England to the King n.d. [c. 13 February] 1690

P.R.O., C.O. 5:855, 169–170. C.S.P.C. #763. Endorsed as read in Council 13 February; and referred to L.T.P. and read 25 February.

To the King’s Most Excellent Majestie.

The humble Petition of severall Merchants Traders and Inhabitants unto and in New England.

Sheweth,

That your Petitioners have lately received severall Letters of advice from New England that a great Number of French and Indians that are in the Countrey have already made Such Incursions upon the Estates and Concernes of your Majesties Subjects that one hundred thousand pounds will not repaire, besides the losse of the Lives and Captivateing many hundreds of your Majesties Subjects.

That the Place from whence your Majesties Navy is Supplyed with Masts and the Lumber and Fishery of New England and allso your Majesties Principall fort there is quite lost by reason of which Your Majesties Plantations in West Indies will not be able to Subsist and your Subjects tradeing theither will be undone.

These and many other deplorable Instances gives your Majesties Enemyes hopes and your Petitioners fear that the whole Countrey will be lost unlesse your Majestie will be pleased to take it under your Gracious Protection all which Your Petitioners are ready to make appeare before your Majestie.

Your Petitioners therefore most humbly Implore your Majestie to take the sad Condicion into your Royall Consideracion and to grant such men of warr and others means for the defence in New England as to your Majestie shall seeme meet. And your Petitioners (as in duty bound) shall every Pray etc.

Journal of L.T.P., 25 February 1690

P.R.O., C.O. 391:6, 314–7. C.S.P.C. #772, where wrongly dated and wrong reference. C.O. 5:855, 175–176 is a representation of the same to the King. Endorsed as approved on 4 March and C.O. 5:855, 179–180 is a copy of the same entered 16 March. C.S.P.C. #788. The representation is printed in R.P. VI, 335–338.

Sir Henry Ashurst, Mr Usher, Mr Johnson and Mr Brinley with the Merchants, Traders, and Inhabitants of New England attending, are call’d in and the Peticion of Mr Johnson and Mr Brinley and Severall Merchants, Traders and Inhabitants of New England referred to the Committee by order of Councill of the 13th Instant, read, after which Sir Henry Ashurst presents two Letters Directed to the Earl of Shrewsbury, dated the 26th and 30th October last, from Mr Simon Broadstreet and others who are in the present Administracion of the Government of the Massachusetts Bay, acquainting Their Lordships. . . [summary of contents of letters]. After which two letters from Mr Randolph to the Committee dated at Boston, the 5th of September, and the 15th October last, and read, informing their Lordships [summary of Randolph’s letters]. After which Thomas Ofley and Thomas Fairweather lately come from New England, being asked by their Lordships concerning these Matters, they say that before their coming Away the news come to Boston that Pemaquid and Cackecha were taken by the Indians, and the Inhabitants were all Curt off, which Informacions are confirmed by a Letter from Mr Cooper577, dated in Boston the 25 October, to Mr Ellis, a Merchant in London, and Severall other letters from those Parts, which are now Read, Whereupon their Lordships agree to Represent to his Majesty the whole Matter Shewing the Present State of that Colony in relation to the French and Indians; and the unsetled Condition of Government they are in.

Memorandum Their Lordship being afterwards Informed that, Sir Edmond Andros and others lady Imprisoned in New England were arrived from thence.

Edward Randolph to William Blathwayt, 27 March 1690 [C]

Printed R.P. VII, 339–342. Dated Plymouth, England.

Recounts the proceedings of the “Rebells” in New England and New York. The King’s letter of 12 August was taken as an “allowance and confirmation” of their Rebellion and government. They have exercised sovereign powers, hanging two persons, raising rates, imprisoning those who refuse to pay. They expect his majesty “will grant them a Charter or at least entrust them wholy with the Government otherwise they will have no more to do with England.” The French and Indians have scored successes. Provides information about Leisler in New York. Fears the “leprosye of Rebellion” will soon pass south to Virginia if the New England rebels go unpunished.

Increase Mather to John Richards, 1 or 4 May 1690

M.H.S., Winthrop Papers. The date is unclear. Dated at London.

Increase Mather to Thomas Hinckley, 24 May 1690

B.P.L., Manuscripts American, 1908. Printed 4 M.H.S.C., V, 254–5. Dated at London.

Stephen Mason to Simon Bradstreet, 26 May 1690

B.P.L., Manuscripts American, 1908. Printed 4 M.H.S.C., V, 256258. Dated at London. Endorsed as received 25 January 1690/[1]. The original damaged.

Thomas Brinley to Francis Brinley, 28 May 1690

Rhode Island Historical Society, Miscellaneous MSS.

Journal of L.T.P., 29 May 1690.

P.R.O., C.O. 391:6, 324–5. C.S.P.C. #908.

Sir Henry Ashurst, Mr Cook, Mr Mather and Mr Oaks Agents for New England, attending, are called in, and a Letter from Mr Bradstreet to the Earl of Shrewsbury dated at Boston in New England the 29th of March Last Read together with an Address from the Governor and Councill of the Massachusetts Bay, After which an account is presented by Sir Edmond Andros of the Forces Raised in New England in the Year 1689, for the defence of the Country against the Indians. Whereupon Their Lordships Order that a Copy be given to the Agents of New England, who are to return Their answer thereunto in writing, and that they Produce their Power or Credentialls from the present Government in New England for Their being Agents for the Countrey.

Increase Mather to John Richards, 4 June 1690

M.H.S., Winthrop Papers.

L.T.P. to King, 12 June 1690 [C]

P.R.O., C.O. 5:905, 222–227. C.S.P.C. #939.

“In pursuance of your Majestys Order in Councill we have considered the Address of Simon Bradstreet and severall others by the name of the Governor and Councill of your Majestys Colony of the Massachusetts Bay in New England, together with a Letter to the Earle of Shrewsbury from the said Simon Bradstreet in the name of the Councill of that Colony, both of which were presented unto us by the Agents of New England, setting forth” the military situation in New England. They have also seen Andros and others from there and seen several letters; and are informed that the revolt against Andros caused the desertion of important forts and garrisons and allowed the subsequent success of the Indians and that “by reason of those disorders at Boston and the withdrawing the Forces at the same time from another Guarison settled by Sir Edmond Andros upon Connecticutt River, and by the like tumultuous proceedings of Jacob Leisler who has set himself up as the head of the Rable in New-York and dispersed one of the two Fort Companies in pay there.” They report French and Indian successes at Schenectady, Cochecha, and Salmon Falls and on the Piscataqua River, the place “whence the great Masts were brought for the use of your Majestys Navy. . . .” The Acts of Trade are daily violated in New England and the King’s Frigate, the Rose, “hindered from going out of the Harbour to Secure the Coast from Privateers and irregular Traders. It has also appeared unto us by the Testimony of some French prisoners examined in those parts” that the French government will be sending 2000 men with two years provisions and that they are preparing to attack Albany this summer. The unsettled state of government among the English and the relationship of New England and New York are “humbly represented” to the King. They ask that the Agents requests for arms and powder be granted and that Colonel Sloughter be sent with troops to New York in a naval convoy. Also that a “ship of Defence” to be sent to New England.

Elisha Cooke to Simon Bradstreet, 16 October 1690

M.H.S., Massachusetts and New York Papers. Printed M.H.S.P., 45, (1912), 644–654.

Ichabod Wiswall to John Cotton,591 17 October 1690. [C]

A.A.S., Curwin, III, 23. The variant spellings of ‘Plymouth’ are in the original. Dated at London.

He arrived in London on 5 April, after one storm of six weeks and five days. “The kings designe to goe per[so]naly into Ireland was a remora592 in this Buissines of the patent.” The parliament began to sit October the 2. ‘The Massachusetts patent is I hope in a faire way to be completed in a short time. And poore Plymouth must have been equaly happy (if they had not neglected their Oppertunity.) by sending another Address to the King. Here is nothing yet don for Plymouth: I shall tell you the reason if ever god bring me back again to see youre face with the faces of my other friends in New England which god in mercy hasten. There have been some moving to annex Plymouth to New York. Others to unite Plymoth and the Massachusetts as one: both which at present seem to be stoped. And if the Massachusetts patent be granted this winter, it behoves Plymouth to use their utmost Care and diligence that they be not deprived of their long enjoyed priviledges by their Owne neglect to look out in season. Oh Sir bend your knees to the father of mercies that N.E. and partiqularly N.P. may be once more happily setled and not returne againe to her late bondage. You know not our present Circumstances. Pray for us that we may not be lead into temptation nil nisi vota supersunt. The Torys Labour to fill mens eares and hearts with horror on the account of the pretended desolation and Confusion of New England and say the land will be ruined except a generall Governor be sent. I believe some in New England will be ashamed when they heare the extraits of their owne writings. Sir Improve your Interest with the Governor for to hasten Plymoth’s settlement. Remember me to Mr. Arnold,593 to your good wife and children and to my plymoth neighbours as you have occasion partiqularly to Elder Cushman.594 The eternal god be your comon Refuge to and cover poore plymoth in the hollow of hand where is the hiding of his power. So prayes he who is Sir your fellow labourer in Christ. Ichabod Wiswall.

Ichabod Wiswall to Thomas Hinckley, 17 October and 10 November 1690. [C]

B.P.L., Hinckley Papers, III, 27. Printed 4 M.H.S.C., V, 276–278. Dated at London. The postscript was added on 10 November.

He advises speed if Plymouth wishes to obtain a charter. Their silence has “encouraged some to move for your subjection to New Yorke; others that you might be annexed to the Massachusets Colony.” Money answers all things. He advises a letter to the Earl of Monmouth and the use of Sir Henry Ashurst and Dr. Cooke as agents. Cooke should be written to privately to “entreate for you the favour of Sir John Sommers who is the King’s Sollicitor-Generall.” Wiswall’s own efforts have been obstructed; “I may tell you more hereafter.” [Postscript] “On the 6th of this month, a petition was delivered to the king on behalf of the Massachusets Charter; and it is hoped there will be an Answer speedily.”

Charles Liget to Francis Foxcroft, 5 November 1690

M.H.S., F.L. Gay Papers. Printed N.E.H.G.R., XXIII, 406–408. Dated at London.

“. . . Colonel Dudley returnes home with John Ware (bound for York or Boston which first happens) . . . to whome I pray your reference for information of our passage and all occurrences here. Hope the King’s leisure will once againe give us settlement, when we may expect to see and serve (if we can) our friends. Do sorrow for the great losses of that poor Country and people, who will find it at last their advantage to pray a settlement without direction. Cooke and Oakes run hard for the old Charter Mather and Ashurst for a new, finding by the former no power for the very necessarys of government, and openly own that no man of Estate or brain will subject himselfe to the injurys and perrils of giving judgment of any sort by that authority how hard then will be the fare of those hardy men that run without the shaddow of authority into and above reach of the very greatest. . . .”

Massachusetts Agents to the King, n.d. [6 November 1690]

M.A., 37: 175a. This seems to be a copy of the original, which has not been found. M.A., 37: 175 is a preliminary and very rough draft of this petition, worded more strongly and referring to James II’s “Arbitrary power”, to the vacating of corporate charters in England, and asking directly for a charter containing the same privileges as their former one.

To the Kings Most Excellent Majestie

the humble Petition of the Agents of the Colonie of the Massachusetts

in NewEngland

Sheweth

That your Majesties Subjects in that Colony have extremly suffered by reason of a Judgement given in the High Court of Chancery in the year 1684 upon a Scire facias prosecuted in that Court for the vacating of a Charter granted to them by his late Majestie King Charles the first.

That your Subjects in that Colony have made use of all occasions to express their Loyalty and dutifull affection to your Majestie and your Government and will be allways ready to expose their lives and all they have for the same.

That unless your Majestie be Graciously pleased to Incorporate the said Colony they cannot hope to be restored to their former flourishing condition or be enabled to defend themselves against your Majesties Enemies.

Your Petitioners do therefore most humbly beseech your Majestie that you will be Graciously pleased by your Royal Charter to Incorporate your Subjects in the said Colony as formerly, to confirme to them the enjoyment of their Lands and Properties, and to Grant to them such Powers and Priviledges as in your Royal wisdome shall be thought to conduce most to your Majesties Interest and the welfare and generall Satisfaction of your Subjects there.

And your Petitioners shall ever pray etc.

Elisha Cooke to John Richards, 11 November 1690

M.H.S., Winthrop Papers.

Proposals to Make Massachusetts More Dependent on England n.d., [24 December 1690]

P.R.O., CO., 5:856, 511–512. C.S.P.C. 1443XXXIII; C.O. 5:856, 518 is a duplicate of this. See C.S.P.C. 1443XXXIV. Another copy, in the Bodleian Library, Oxford, Carte 81, 754, 755 is endorsed with the date 24 December 1690 and endorsed “Proposalls from the 2 cheif justices, the Attorney and Solicitor. . .”

To the End this Colony may be made more Imediately Dependant upon the Crowne of England it is proposed.

That all Laws made be Certified under the Common Seal, within a yeare, to the King in Councill, And that if the King Signifie his Dissent to such Laws within a Yeare after the same shall be soe certified, the Laws to be void from and after the Signification of such Dissent to the Governor or Deputy Governor.

That in case any Judgment or Sentence bee Given in the Generall Court in any Civil Cause, where the Debt or Damages shall amount to [   ], the party against whom the Judgment or sentence is Given may appeal to the King in Councill, within [   ] Dayes after the Judgment or Sentence, but noe such Appeal to be allowed unless the appellant do first give security in the Court where the Sentence is given to pay the Debt or Damages for which the Sentence is given, and the Costs and Damages Susteyned by reason of such Appeale, in Case the Sentence be affirmed. And in Case of such Appeal allowed, Noe Execution to bee made out upon the former Sentence unless the party who hath obteyned the Sentence Shall give Security to make Restitution in case the Sentence bee Reversed upon the Appeale.

That all Persons Admitted into any Office Shall at the time of their Admission, take the Oaths appointed to bee taken by the Act made in the first yeare of their Majesties Reigne, Entituled an Act for Abrogating the Oaths of Alleagiance and Supremacy and appointing other Oaths.

Proposals of the Agents, n.d. [c. 1 January] 1691

P.R.O., C.O. 5:855, 355. Entered C.O. 5:905, 256–258. C.S.P.C. #1276. A duplicate of this is found in P.R.O., C.O. 5:856, 512–520, C.S.P.C. 1443XXXIV.

The Agents Proposalls and desires concern[ing] a New Charter.

It is humbly Desired by the Persons employed on behalfe of the Massachusetts Colony in New England.

That whereas they were Incorporated by the Letters Patents of King Charles the first, (the Heads whereof are hereunto annexed) and the Corporation did afterwards purchase from the Heire of Sir Ferdinando Gorges the Province of Main Granted to the said Sir Ferdinando Gorges by the Letters Patents of the said King Charles the First (An Abstract where of is hereunto annexed,) and Enjoyed the same till the Late Judgement against them.

1. Their Majesties would bee pleased to Reestablish their Corporation, and Grant them their Lands and former Priviledges. The Corporation to Consist of all such as were formerly Free or shall bee hereafter made Free, and to Extend as well to the Province of Main as the Massachusetts Bay.

2. That the Tract of Land called Hamshire, which from the time of the Charter of the Massachusetts Colony, continued under their Government, may by Express words bee put under the Government of the Corporation, some doubts haveing been made of late whether the same were Comprized within the Limits of their Charter.

3. That the Colony being soe much encreased as to make it impracticable for all the Freemen to be personally present at any Court or Assembly, the Charter may bee more Expresse in Constituting a Gennerall Assembly to consist of Representatives.

4. That at the Assembly when the Generall Officers of the Corporation are to bee Chosen the Election may bee by the Major Number of all Freemen who are present or send their Votes.

5. That the Generall Assembly may have power to Erect Courts for Try all of Causes Civill or Criminall, Probate of Wills etc. which, as to the Province of Main, is fully Granted to Sir Ferdinando Gorges.

6. That the Generall Assembly, as they are expressly impowered to make Lawes not Repugnant to the Laws of England, may by Express words bee impowered to raise reasonable Taxes for the necessary Support of the Plantation.

7. It is humbly Submitted if the Admirall Jurisdiction Granted in Sir Ferdinando Gorges Charter for Main may not be extended to the whole.

8. The power of Setting and raiseing the Militia, pursueing Enemies, and fortifieng places, being very short in the Massachusetts Charter, It is humbly desired that in the New Charter such powers may bee given, (as to those points) as are Granted to Sir Ferdinando Gorges.

9. That a Clause may bee inserted for confirmeing Grants made of Lands in New England to particular purchasers or Grantees.

10. The proviso for Liberty of Fishing to bee soe far Restraind as to preserve the property of particular Owners of the Soyle, where the same is Plante[d] and possessed.

Order in Council, 1 January 1691 [C]

P.R.O., C.O. 5:905, 258. C.S.P.C. #1277.

Refers Agent’s Proposals to the L.T.P., “who are to examine the same. And to Report their Opinion thereupon to this Board.”

Mather Diary, 16 January 1691

M.H.S, “Diary 1691,” 2.

. . . As to Publick, it is like to be a very sad year. The fire is burning round about England. No Reformation. There is nothing for New England certayne as to good Success against Canada. The affairs of that country not settled. And by means thereof, I loose precious Time. How it may be with my Family, I know not. Some of Gods ministerial servants in this land, have put peculiar respect on me, which mercy should humble me.

Humble Requests to God in Jesus Christ.

1. 1. That more of his Holy Spirit, and that the [illegible] grace thereof may be given to me.
2. 2. His presence with me.
3. 3. Justify my endeavors for the good of New England and incline the Hearts of those before whom that affair now depending to go on therein and expedite what is prayed for.
4. 4. Smile upon the Nations, and on this great city in much mercy.
5. 5. Send good tidings from New England. . . .

Mather Diary, 2 March 1691

M.H.S, “Diary 1691”, 7.

A.M. With my Lord Sidney at Whitehall. Seeking his favour for New England and that no People were more in His Majesty’s Interest than they. Wee only desired those priviledges to be restored to Massachusetts which they enjoyed until the last year of King Charles 2 Reigne. That his Lordship by being [kind?] to that people would oblige [multitudes] in England. And in Scotland too. Hee said hee would do all Hee could. . . .

Mather Diary, 24 March 1691

M.H.S, “Diary 1691,” 7b.

A.M. At Whitehall with my Lord Sidney about New England. P.M. discourse with mr. Cooke, Oakes etc.

Mather Diary, 25 March 1691

M.H.S, “Diary 1691”, 7b.

A.M. at my Lord Sidneys with Sir H[enry] A[shurst] and Sir W[illiam] P[hips]. At Temple with Sir J[ohn] S[omers]. P.M. discourse with several. Wrote Petition595 etc.

Mather Diary, 26 March 1691

M.H.S, “Diary 1691”, 7b.

A.M. with the Marquiss of Carmathen at St. James, Major Thomson, and Sir W.Phips with me. Dined at mr Thomsons. P.M. at Madam Legets. Read catalogues.

Samuel Allen to King and Queen and other Documents, n.d. [ c. 30 March 1691] [C]

P.R.O., C.O. 5:924, 3–4. Partly entered C.O. 5:905, 282–284 and C.O. 5:940, 171–173. Endorsed as a true copy by William Blathwayt. P.R.O., C.O. 5:924, 5–9 are copies of three documents referred to by Allen in his petition. C.S.P.C. 1377 and 1377I A copy of the petition is also in M.A, 61: 299.

He became owner and proprietor of New Hampshire, and part of Maine, by purchase from heirs of Captain John Mason; he has contracted with Navy Board to supply timber for 7 years and a copy of contract is annexed. The rights of Mason to New Hampshire were often invaded by Bostonians. In 1675 a report upholding Mason’s rights was made to the Privy Council, a copy of which is annexed. In 1677, following a report by the Lord Chief Justices—copy annexed—the agents of Massachusetts disclaimed any title to said lands. In 1682 Charles II sent Mr Cranfield596 as governor by the desire of Robert Mason; the government is now in sad confusion and Allen prays the Crown to grant him a Commission for the said government whereby the province without any charge to your majesty will be preserved from destruction.

Order in Council, 30 March 1691

P.R.O., C.O. 5:924, 1. Entered C.O. 5:905, 281–2. C.S.P.C. #1377. The petition, other documents, and this order are endorsed as received 21 April 1691 and read 22 May and 13 June 1691.

Refers petition of Samuel Allen to L.T.P., who are to report on it to Privy Council. Signed by William Blathwayt.

Mather Diary, 31 March 1691

M.H.S., “Diary 1691”, 9.

A.M. At Sir H[enry] A[shurst]’s with Sir W[illiam] P[hips]. Wrote Reasons597 etc. P.M. discourse with mr. Cooke etc.

Order in Council, 9 April 1691

P.R.O., C.O. 5:856, 389–390. Entered C.O. 5:905, 255. C.S.P.C. #1391.

Mather Diary, 9 April 1691

M.H.S., “Diary 1691”, 9–11.

A.M. About 9h I was by Madam Lockhart599 introduced to the Queen at Whitehall. She then left me alone with the Queen to represent the case of New England. M. said, I humbly pray your majestys favor to the good subjects in New England. There are none in your interest more than they are. Nor any that do with greater devotion pray for your long and happy reign than they do. They have been exposed to great Troubles on account of their loyalty to your Majesty. For the French at Canada who have invaded them and destroyed some of their plantations, give that as the Reason, because the people there have declared for K[ing] W[illiam] and Queen Mary. They now only humbly pray for that they may be resettled in the enjoyment of those priviledges which they were possessed of, until the last year of K. Charles II. Queen, that matter has bin a Long time before the Counsel. I would have that which is just done for them, and not only so, but that something of favor should be showed to them. M. I most humbly thank your Majestie for the kind words your Majestie was pleased to speake to my Lady Southerland in respect to New England. Queen. Mr. Mather, I have had a great and good character of you from my Lady S.² I have spoken to the King for New England. He told me that matter was before the Council. M. It has bin referred to the two chief Justices with the Attorney and Sollicitor General. Wee only pray that the particulars approved of by them may be confirmed to us. Queen. That is Reasonable, and I doubt not but that it will be done. M. I humbly begg, that your Majesty will please to speake a kind word for New England to the King upon his Return. You will thereby bring the blessing of the prayers of a good people upon the Royal person and the Government. Q. I shall be willing to do what I can for them. M. I have reason to believe that your good subjects there have bin misrepresented to your Majesty, as if they were not well affected to Monarchy. But by such Representations they have much wrong done to them. Queen. I have not heard that of them. M. They that bear you ill will have printed such Reflections on them. Queen. I have not seen all the pamphlets that have bin printed dè them. M. If your Majesty shall graciously please to speake a good word to the King upon his return, in behalfe of New England you will bring the blessing of the prayers of a multitude of your subjects on the Royal person and government. Queen. I desire that they may have that done for them which is just, and not only so but something of favor shewed to them. M. Sir William Phips has with many subjects in New England endeavored to inlarge your Majesty’s dominions, and they are ready again to Expose themselves in your Majesty’s Service. Queen. Are they now able to do it. I hear they are in a bad condition. M. they are in a very deplorable condition, but one great Reason of it is, because the Government there remaynes unsettled. Queen. That I believe. It must needs be so. M. If by your Majesties Favor they shall be restored to their former priviledges, they will revive and be able to serve your Majesties Interest. Queen. I doubt there have bin differences in New England as well as here about church government. [Autobiography here adds: “Mather. In New England they are generally those that are called Non Conformists. We judge some of them to be better men than ourselves. This Nation has cause to blesse God for the King and for your Majesty in respect of that not of Indulgence and the liberty of conscience which through your Majesties favor wee enjoy. Queen. That I am for. It is not in the power of men to beleeve that they please, and therefore I think they should not be forced in matter of Religion, contrary to their perswasion and consciences.”] I wish all would be of one mind and generally live peaceably with one another. [Autobiography has: “I wish all good men were of one mind. However, I would have them live peaceably and love one another.”]

Minute of L.T.P., 17 April 1691 [C]

P.R.O., C.O. 5:856, 400–1. C.S.P.C. #1404.

An Address concerning New England from Boston, Charlestown, and other places was sent to the New England Agents, with directions to give an account in writing of the present state of New England. The New England Agents are to attend L.T.P. on 21 April at 5 p.m. Sir Purbeck Temple and others concerned in New England are to be given notice to attend, particularly Sir William Phips, who is to bring a relation in writing of Canada expedition.

Petition of Several Merchants n.d. [c. 18 April 1691].

M.A., 37: 7–8. Another copy with no signatures and very minor alterations in wording is addressed to the Queen, M.A., 36: 94. This D.H.S.M. V, 119, where the editor dates it to May 1690. However, this may have been a copy or a draft of the document sent to London for the agents to present with the addition of English signatures. No copy has been found in the P.R.O. The following document was probably sent to Boston by Cooke with his letter of 9 May 1691, below.

To the Kings most Excellent Majesty

The Petition of Severall Merchants and others who have concerns in New England Humbly Sheweth

That your Subjects in New England have been exposed to Great Difficultys and unsettlement by reason that their Ancient Charter Rights and priviledges have been taken from them; as well as by the present Warr with the French and Indians, and that your Subjects there are (as we understand) very ready to endeavour that the French in Canada may be brought into Subjection to your Majesty, thereby to enlarge your Majesties Dominions to the Great Advantage of the Crowne and English Nation.

Therefore humbly pray that your Majesties Subjects there may be confirmed in their Charter Rights and Proviledges, and that your Majesty will graciously please to Order some Frigatts thither for the Security of those Coasts and Subduing the French at Canada by Sea, whilst your Subjects in New England are acting by Land and Sea. And your Petitioners shall every pray etc.

Mather Diary, 18 April 1691

M.H.S, “Diary 1691,” 13.

A.M. At Whitehall. From there to Kensington where I delivered to the King the Address from the General Court at Boston dated Dec. 16. Also the Petition signed by the Merchants in London who have affects in Boston.

Bishop of London to William Blathwayt, n.d. [20 April 1691] [C]

P.R.O., C.O. 5:856, 402. C.S.P.C. #1409

Requests that Captain John Blackwell600 of New England should be able to appear on the following day at the Committee’s hearing.

Minute of L.T.P., 21 April 1691 [C]

P.R.O., C.O. 5:856, 403. C.S.P.C. #1416.

Minute addressed to John Sampson, Messenger of the L.T.P, to give notice to Captain John Blackwell, lately arrived from New England, to attend the Committee in the afternoon.

Account of Persons Who Signed Boston’s and Other Towns’ Address to the King, n.d. [c. 21 April] 1691

P.R.O., C.O. 5:856, 414–5. C.S.P.C. #1439. Endorsed as presented in April.

An Account of the Persons who have Subscribed the New England Addresse with the value of their Estates according to Common Estimacion

Journal of L.T.P., 21 April 1691

P.R.O., C.O. 391:7, 7–8. C.S.P.C. #1419.

The Agents of New England and Sir William Phipps attending pursuant to an order in Councill of the 9th of Aprill are called in and the Address of divers Merchants and others Inhabitants of Boston and places adjacent in New England to his Majesty being referred by the same order is read setting forth the deplorable Estate and Condicion of those parts, and humbly praying his Majesty to take under his Immediate care and Protection.

After which the New England Agents deliver an Account of the present State of New England in answer to the Address, And Sir William Phipps does at the same time present to Their Lordships a Relation of the Late Expedition Against Canada, which are both read, and Their Lordships being informed that Captain Blackwell and some other Persons lately come from New England can give the Committee an Account of the Present State and Condition of that Country Their Lordships Order that Captain Blackwell and the other Persons lately come from New England have notice to attend the Committee at Their next meeting and that the Lord Cheif Justice Holt be desired to be present at that time.

Massachusetts Agents to L.T.P., n.d. [c. 21 April 1691]

P.R.O., C.O. 5:856, 404–405. Entered C.O. 5:905, 263–266. C.S.P.C. #1418. Not dated but endorsed as read 21 April.

To the Right Honourable the Lords of the Committee for Trade and Foreign Plantations.

May it please your Lordshipps.

In obedience to the Order of the Right Honourable the Lords of Their Majesties most Honourable Privy Councill Requiring that a Coppy of an Address to His Majesty from divers in Boston and Charles-Towne and the places adjacent, should be sent to the Agents of New-England and that they should give your Lordshipps an Account in writing of the present state of the Massachusetts Colony.

Wee do in all humble manner acquaint your Lordshipps that there are severall Mistakes in the Matters of Fact mentioned in that Address, For the late Revolution did not divide the Territory into Tenn parts or Colonys.

For Pemaquid was and is under New-York-Government where there is reason to hope, all Differences before this are composed and matters well settled by Colonell Slaters arrivall there.

The Province of Mein was purchased many yeares since by the Governor and Company of the Massachusetts from the proprietor thereof, New Hampshire was taken to be within the Charter of the Massachusetts and Continued under the Government thereof many yeares. And since the Revolution, att the desire of the Inhabitants they are now under the same Government.

That which the Petitioners call the Kings-Province never was a Distinct Colony, But is claimed to be within the Limitts of the Charter Granted to the Colony of Connecticot.

The Colonys of Connecticot and Rhoad-Island have their Charters still in force no Judgment being entred against them, nor any surrender of their Charters made or Recorded.

And for the Massachusetts, His Majestie was graciously pleased by his letter bearing date August 12: 1689. to encourage and authorise those who now administer that Government there, to Continue so to do, Untill such time as things could be orderly setled so as should most conduce to His Majesties Service, and to the Satisfaction and security of his Majesties subjects of the said Colony. And it is humbly hoped that those who act by such Authority from Their Majesties are not to be accountted pretended Governours as the addressors would insinuate.

But it is the less strange to those of us who lived upon the place to whom most of them are well known: Of whom one of the principall Did appeare in Opposition to the Revolution in England, as well as to that in New England; Insomuch as that being a Justice of the Peace under Sir Edmond Andross, he with others, Imprisoned him who first brought His Majesties (the Prince of Orange) His Declaration to Boston, calling that princely Declaration a treasonable paper. Severall of them are men of litle or noe Fortunes: Some by the Revolution have lost profitable places and are therefore Disatisfied, and some of them as we are informed, have declared themselves to have been unwarily surprised and drawne in to signe the said Address: It is very Evident that the Generality of their Majestys Subjects in that Territory do not approve of this Address, when no greater a number could be prevailed with to signe it, though they have been gathering hands from three severall Colonys:

Wee Do beg, leave to represent to your Lordshipps that the Massachusetts have ever done their uttmost not only for the preservation of Their Majesties Interest against all Enemyes whatsoever, But also to enlarge their Dominions and have taken Port Royal and L’Accadie whereby the Indians in those parts were frustrated of any further supply of Armes and Amunition, and so distressed that they desired a Truce, which was granted them upon their promise that their Sachems will in May next come in and make a finall peace with the English. And the French Inhabitants have sworne Allegiance to Their present Majesties being well satisfied with the change as haveing formerly for many yeares tasted the sweetness of the English Government. And the French Garison brought Prisoners to Boston, so that we know not what more could have been done (all circumstances considered) to secure that Country to the Crown of England. And the Incursions which the French Did Intend to make upon Albony and other Frontier Plantations were prevented by the Expedition to Canada.

An Account whereof is humbly laid before His Majesty by the Government of the Massachusetts in their late address, and Sir William Phipps who had the Command in that Expedition, is ready to laye the perticulars thereof before your Lordshipps.

It is true the Massachusetts and the other Colonys in New England are in a Distressed Condition, which was first Occasioned by putting them under an Arbitrary and Despotick power who disposed of their Persons and Estates Imprisoned and Fined at their Will and Pleasure, to the terrour and Amazement of the Inhabitants and threatned yet much more, which made People careless in Business, and not solicitous to earne more than for the supply of their Absolute necessityes. By meanes whereof Trade soon failed, Rents fell att least one third part and the land greatly Impoverished. And then the present War begun upon them by the French and Indians near Pemaquid, soon after Sir Edmond Andross seising and carrying away all Monsieur Casteen’s601 Tradeing and Houshold Goods from Penobscott: Which continued untill the breach between the two Crownes, whereby they were also great sufferers in their Shipping and merchandizes and prevented of seasonable supplyes of armes and amunition. Though as yett through Gods mercy there is not a fourth part of the Desolation made by the Enemy as was in the late Indian Warr Anno 1675 and 6. The most that is, being in the Province of Mein and Eastward, and there only such places as were then destroyed. But the present Imminent danger is from the Increase of their malicious Neighbours the French in the River Canada, which runs on the Backside of the English Settlements of all the Colonys; whose trouble from thence have been occasioned by their Loyalty to Their Majesties Government, the French publishing that the reason of their falling upon New England was because the People there had Declared for King William and Queen Mary; The Removeall or Subjugating of which ill Neighbourhood, would (as we humbly Conceive) not only Secure the English Intrest in those parts, But also cutt off that great and growing Nursery for Seamen which the French King hath there and in Newfound land, and many wayes advantage England.

The People in New-England doe desire and hope by their Majesties Grace and Favour to be Restored to their former Charter Priviledges, which were not taken from them till the last yeare of King Charles the Second. And notwithstanding the great Expence they have been necessitated to, are willing and ready to make another Attack on Canada if Assisted with such supply, as the Government of the Massachusetts have humbly supplicated His Majesty for. To the chearfull and vigorous prosecution whereof, nothing can more Encourage them than the restoring of them to their Ancient Libertys and priviledges, for the sake of which their Fathers Did att their own charge transport themselves into and Subdue that Wilderness: and have hitherto defended it against all the Enemyes of the Crown of England, which Plantation hath been of Considerable Advantage to England, and we hope that by Gods Blessing under the like Charter, it will continue so to be.

All which is humbly submitted to your Lordships by Henry Ashurst Elisha Cooke. Increase Mather. Thomas Oakes.

Blathwayt’s Lists of Persons to be Summoned to L.T.P., 23 April 1691 [C]

P.R.O. C.O. 5:856, 407. C.S.P.C. #1424. P.R.O., C.O. 5:856, 408 is a draft of the summons, C.S.P.C. #1425.

Those listed are: “Coll. Charles Ledgitt, Mr. John Usher, Mr. Jeremiah Johnson, Mr. Thomas Brindley, Mr. Thomas Dudley, Capt. David Kelly,602 Mr. Thaddeus Mackerty.”

Edward Randolph to William Blathwayt, 25 April 1691 [C]

P.R.O., C.O. 5:856, 409. C.S.P.C. #1428.

Asks that Mr William Rafford603, a considerable trader to New England, be summoned to L.T.P. to give evidence. He has a full account of the state of the country and can offer “the Reasons he has Received from Mr Tippett, one of the subscribers to the Addresse.”

Journal and Minute of L.T.P., 27 April 1691

P.R.O., C.O. 391:7, 8–10. C.S.P.C. #1431. P.R.O., C.O. 5:905, 269. C.S.P.C. # 1432 is a minute summarising the same.

. . . .

Severall Merchants and others concerned in New England attending are called in, and Mr Wrayford presents to Their Lordships an Abstract of Letters lady received by him from those parts which is read. After which upon Consideration of the former Charter of New England and the Draught of a New Charter presented by the New England Agents and referred to the Committee by an Order in Councill of the first of January last, their Lordships agree that before any further proceedings Relating to the Charter His Majesty be Moved to declare whether it be his pleasure to have a Governor or Single Representative of his owne Appointment from time to time to give his consent to all Laws and Acts of Government as in Barbados and the other Plantacons, or whether he will leave the Power of making Laws wholly to the People and Officers to be appointed by them.

Mather Diary, 29 April 1691

M.H.S, “Diary 1691”, 16.

Causes for deep and sorrowful Humiliation.

My former and later transgressions. The abiding sins of my Heart. My absence from my Family. As to publick concerns. No Reformation in England. Tis like to a sad [illegible] day with these Nations. New England is in a miserable condition. The Restoration of their charter much opposed.

Humble Request to God in Christ.

1. 1. For more of his Spirit to be given to me.
2. 2. His presence with me in my ministry: and in my Endeavors for the good of his people. . . .

Order in Council and Minute, 30 April 1691.

P.R.O., C.O. 5:905, 270–271. C.S.P.C. #1440 A.P.C.C, II, 125–126. C.O. 5:856, 416. C.S.P.C. #1441, an incomplete minute of the same item, states that the “Lord Chief Justice says the Old Charter is vacated legally”

Documents Relating to the Massachusetts Charter, undated and various dates.

P.R.O., C.O. 5:856, 418–523. This long series of documents seems to have been brought together, probably by Blathwayt, at this time, April-May, 1691.

Fragment of Draft of Massachusetts Charter, n.d. [c. May 1691] [C]

P.R.O., C.O. 5:856, 574–575. C.S.P.C. #1572, where wrongly calendared. This is endorsed in Blathwayt’s hand “Draught of a Charter for the Colony of the Massachusetts Bay.” It is a draft of part of the proposed new charter for Virginia of September, 1676, altered in such a way as to make the proper names apply to Massachusetts and to delete references to the encouragement of settlers and to tobacco. There is a crossed out marginal note: “Memorandum: An Assembly and Liberty of Conscience.” For an original copy of the proposed Virginia document, see P.R.O., C.O. 5:1355, 94–96.

The Crown declares and grants that its subjects in Massachusetts “shall have their Immediate dependence upon the Crown of England”; a Governor is to be chosen by the King; to serve in his absence or death, a deputy governor either to be chosen as formerly or by King; existing land titles are to be confirmed; quit rents will be collected on escheated lands; the governor and council will have judicial powers; in any dispute about the meaning of the charter, the interpretation most beneficial to the inhabitants will be used.

Massachusetts Agents to L.T.P. 4 May 1691 [C]

P.R.O., C.O. 5:924, 11–13. Annexed documents: C.O. 5:924, 13–14, 15–16. Entered in part C.O. 5:905, 285–289 and C.O. 5:940, 175–180. C.S.P.C. #1450. The annexed documents are copies of depositions of New Hampshire residents, and a chronological statement of boundaries and other events in New Hampshire history 16211684. Endorsed as read 8 [18?] June and 13 July 1691.

They thank the L.T.P. for their great favour manifested in their order of 22 May last and reply to Allen’s petition. Many grants were made in New Hampshire and Allen’s was only one. Neither Mason nor his heirs exercised government in New Hampshire; their claims are based on grants from the Council of Plymouth and not from the Crown. Mason waived his claims to government in 1677. The inhabitants date their ruin from the Crown’s institution of government there. The agents think that it will be to the inhabitant’s detriment militarily and economically if they do not go into Massachusetts. “Pretence of propriety” ought not to “be an Argument sufficient to drawe Government to it.” Signed by Henry Ashurst, Elisha Cooke, Increase Mather, Thomas Oakes.

Mather Diary, 4 May 1691

M.H.S., “Diary 1691,” 17.

A.M. with Sir H[enry] A[shurst] and my Lord Wharton. At Whitehall, where Randolph told me that a governor must be sent to New England with Power to [illegible] £3000. I replied I believed some of them were designing to erect a French government again (as that was such an one) in New England. But the people there would never be satisfyed therewith. P.M. discourse with mr. Mason etc. Read pamphlets.

Mather Diary, 5 May 1691

M.H.S., “Diary 1691,” 17.

A.M. At Whitehall about New England. With the Queens Secretary.614 [illegible] And with the Arch Bishop,615 who told me that Hee had spoken to the King again for New England. P.M. At Madam Lockharts [?]. Read pamphlets.

Mather Diary, 7 May 1691

M.H.S., “Diary 1691,” 17.

A.M. with the Solicitor general about New England. And with mr. Powle [?] And with the Earle of devon.616 Shewed him the Order of Council about New England. He said that was not according to the Kings expressions or intentions, and that Hee would declare against it. Dined at mr. Thomsons. P.M. discourse with mr. Baxter. At Whitehall again. At my Lord Whartons.

Elisha Cooke to Simon Bradstreet, 9 May 1691

M.H.S., Prince Papers. Dated at London.

Journal of L.T.P., 12 May 1691

P.R.O., C.O. 391:7, 13, 15. C.S.P.C. #1482. P.R.O., C.O. 5:905, 271. C.S.P.C. #1483 is a minute of the same.

. . . . Their Lordships entering upon consideracion of the Charter of New England in pursuance of the Order in Councill of the 30th of the last Month, think it requisite, that the draught of a New Charter for the Massachusetts Colony to be Referred to Mr Attorney, To prepare the same according to His Majesty’s Order.

Order in Council, 14 May 1691. [C]

P.R.O., C.O. 5:905, 272. C.S.P.C. #1500.

Order to Attorney-General to prepare a charter according to the L.T.P.’s report of 30 April and to the Order-in-Council of the same date.

Journal of L.T.P., 22 May 1691

P.R.O., C.O. 391:7, 16. Entered C.O. 5:905, 284–285 and C.O. 5:910, 174–175. C.S.P.C. #1527.

Upon reading the Peticion of Mr Samuell Allen of London Merchant Setting forth, that he is become Proprietor of the Province of New hampshire and Part of the Province of Main by Purchase from the heires of Captain John Mason and humbly Praying that a Commission may be Granted to him by Their Majesties for the Government thereof Their Lordships direct a Copy of Mr Allen’s Peticion and Papers annexed to be delivered to the New England agents in Order to return their Objections if they have any why the Peticioners request may not be granted.

Journal of L.T.P., 8 June 1691

P.R.O., C.O. 391:7, 21. C.S.P.C. #1570.

. . . . The Draught of a Charter presented by Mr Attorney Generall for the Massachusetts Colony is read, Whereupon Mr Blathwayt is Ordered to lay before the Their Lordships at the next meeting of the Committee an Abstract of the old Charter of the Massachusetts Bay Colony with an Abstract of the Draught now read and what remarks may be made of them both out of the Books and Papers in the Plantacion office. The answer of the agents of New England to Mr Allen’s Petition touching the Government of New hampshire is read, whereupon their Lordships Order a Copy of the Agents answer to be sent to Mr Allen.

Mather Diary, 8 June 1691

M.H.S, “Diary 1691,” 21.

A.M. with the earle of Montague, the earle of devon, mr. [illegible] about New England. P.M. At Whitehall about New England. The Attorney general presented the charter for Massachusetts.

First Draft Charter for Massachusetts, n.d. [8 June] 1691

P.R.O., C.O. 5:856, 535–572. C.S.P.C. #1571. Endorsed: “Draught of a Charter Proposed by the Attorney Generall for the Massachusetts Bay in New England. Presented by the Attorney Generall the 8th of June 1691.” Part of the preamble, reciting the provisions of the Charter of 1629, is omitted.

William and Mary by the Grace of God etc. To all whome these presents shall come Greeting. Whereas his late Majesty King James the first [then a long recital of the part of the charter of 1629 relating to territorial grants and the incorporation of the Massachusetts Bay Company as] . . . One Body Corporate and politique in fact and name by the name of the Governor and Company of the Massachusetts Bay in New England and did grant unto them and their Successors divers powers Liberties and priviledges as in and by the said Letters Patents may more fully and at large appear.

And whereas the said Governor and Company of the Massachusetts Bay in New England by vertue of the said Letters patents, Did settle a Colony of the English in the said parts of America and divers good Subjects of this Kingdome Encouraged and Invited by the said Letters Patents did transport themselves and their Effects into the same whereby the said plantations did become very populous and by the Industry of the Inhabitants there setled the publique Revenues of the Crowne of England was advanced and great Advantage did accrue to this Kingdome by the Encrease of Wealth and Encouragement of Navigation, and divers Counties, Townes and places were created erected, named sett forth and designed within the said parts of America by the said Governor and Company for the time being. And whereas his said late Majesty King Charles the first did in and by his Letters patents under the Great Seale of England bearing date at Westminster the third day of Aprill in the fifteenth year of his Reigne Grant and Confirme unto Sir Ferdinando Gorges Knight his Heires and Assignes [then recites part of the Maine charter of 1639] . . . And whereas all that the said portion of the Main land of New England called the province or County of Maine and all and singular the said premisses in and by the said last mencioned Letters patents granted to the said Sir Ferdinando Gorges his Heires and Assignes by and upon the death of the said Sir Ferdinando Gorges did Descend unto Ferdinando Gorges Esq. his Son and Heire who became seized thereof since which time the said province or County of Maine and other the said premisses in the same last mencioned letters patents Granted did by good Conveyances and Assurances in the Law come and was vested in the said Governor and Company of the Massachusetts Bay in New England and their Successors and Assignes for ever And the said Governor and Company did thereupon possesse themselves of the said province or County of Maine to them Conveyed as aforesaid and held and enjoyed the same according to the purport and Effect of the said Conveyance. And whereas a certain Tract of Land lying in New England in America, commonly called or knowne by the Name of New Hampshire or of the province of New Hampshire lying [or?] being between and next adjoyning to the said Merriemack River and the said Province of Maine and also the South part of the Isles of Shoales was and for many yeares continued under the Government and Regulation of the said Governor and Company of and the same is not setled under any other Government by Letters Patents under the Great Seal of England or any other Authority of the Crowne of England. And whereas in the Terme of the holy Trinity in the thirty sixth yeare of the Reigne of King Charles the second a Judgement was given in our Court of Chancery, then sitting at Westminster, upon a Writt of scire facias brought and prosecuted in the said Court against the then Governor and Company of the Massachusetts Bay in New England that the said Letters patents of his said late Majesty King Charles the first bearing date at Westminster the fourth day of March in the fourth yeare of his Reigne made and granted to the said Governor and Company of the Massachusetts Bay in New England and the Enrollment of the same should be cancelled, vacated and annihilated and should be brought into the said Court to be Cancelled (as in and by the said Judgement remaining upon Record in the said Court doth more at large appear). And whereas there has been presented unto us by the persons Imployed as Agents in behalfe of Our said Colony of the Massachusetts Bay in New England an humble petition that Wee would be graciously pleased to by our Royall Charter to Incorporate Our Subjects in the said Colony and to Grant and Confirme to them the premisses with such powers priviledges and franchizes as in Our Royall Wisdome should be thought most conduceing to Our Interest and Service and to the Welfare and happy State of Our Subjects in New England.

And wee being graciously pleased to Gratify the said peticioners in their said humble petition, and Considering that the Incorporateing of Our said Subjects and the Granting to them reasonable powers and priviledges will much tend not only to the safety but to the flourishing Estate of Our Subjects in the said parts of New England, and also to the advanceing of the Ends for which the said plantations was at first encouraged Of our speciall Grace certain knowledge and meer motion Have Willed and Ordained and by these presents for Us Our Heires and Successors Doe Will and Ordaine that [space in original] And all such other persons as heretofore have been admitted and made free of the said late Company and all such others as shall hereafter be admitted and made free of the Company or Society by these presents Created and Erected shall from time to time and at all times for ever here after be by vertue of these presents one Body Corporate and Politique in fact and Name by the Name of the Governor and Company of the Massachusetts Bay in New England. Wee do for Us Our Heires and Successors make Ordaine Constitute and Confirme by these presents. And that by that Name they shall have perpetuall Succession and that by the same name they and their Successors shall and may be capable and enabled to Implead and be Impleaded and to prosecute demand and answere and be answered unto in all and singular Suites, Causes, Quarrells, and Actions of what kind or nature soever.

And also to have take, possesse acquire and purchase any Lands Tenements or Hereditaments or any Goods or Chattells, And the same to Lease, Grant, Demise alien bargain sell and dispose of as other Our Leige people of this Our Realme of England or any other Corporacion or Body Politique of the same may lawfully doe.

And further that the said Governor and Company and their Successors may have for ever one Common Seal to be used in all Causes and occasions of the said Company And the same Seal may alter Change break and new make from time to time at their pleasures.

And Our Will and pleasure is and Wee hereby for Us Our Heires and Successors Ordaine and Grant that from henceforth for ever there shall be one Governor one Deputy Governor and Eighteene Assistants of the said Company to be from time to time (the Governor excepted) Constituted Elected and Chosen out of the Freemen of the said Company for the time being in such manner and forme as hereafter in these presents is expressed which said Officers shall apply themselves to take care for the best disposeing and ordering of the Generall businesse and Affaires of for and concerning the Lands and premises hereafter mencioned to be granted and Confirmed and the plantation thereof and the Government of the people there.

And for the better execucion of our Royall pleasure and Grant in this behalfe Wee do by these presents for Us Our Heires and Successors Nominate Ordaine Make and Constitute Our Well beloved [space in original] to be the first and present governor of the said Company to continue in the said Office three yeares or longer unlesse Wee our heyres or Successors shall in the mean tyme signify Our Pleasure to the contrary. And Our Trusty and Wellbeloved [space in original] to be the first and present Deputy Governor of the said Company to continue in the said Office untill the last Wednesday in the Month of May which shall be in the yeare of Our Lord 1693. And Our Trusty and Wellbeloved [space in original] the first and present Assistants of the said Company to continue in the said severall Offices of Assistants untill the said last Wednesday in the Month of May which shall be in the said yeare of our Lord 1693.

And further Wee Will and by these presents for Us Our Heires and Successors do Ordaine and Grant that the Governor of the said Company for the time being or in his absence by occasion of Sicknesse or otherwise the Deputy Governor for the time being shall have Authority from time to time at his Discretion to assemble and call together the Assistants of the said Company for the time being and together with them to hold and keep a Court or Councell of themselves for the better ordering and directing of their Affaires.

And that any Six or more of the Assistants together with the Governor or in his Absence the Deputy Governour soe assembled shall be said taken held and reputed to be and shall be a full and sufficient Court or Council of the said Company for the handling ordering and dispatching of all such businesse and occurrences as shall from time to time happen touching [and?] concerning the said Company or plantation according to the true intent and meaning of these Letters patents.

And that there shall and may be held and kept by the Governor or Deputy Governor of the said Company and 6 or more of the said Assistants for the time being upon every last Wednesday in the Month of May in every yeare for ever and att all such other times as the Governor or Deputy Governor of the said Company and any six or more of the said Assistants for the time being shall think fit and appoint, a Great Generall and Solemne Assembly, which Generall Assembly shall be stiled and called the Great and Generall Court or Assembly of the said Company.

Which said Great and Generall Court or Assembly shall Consist of the Governour or in his absence the Deputy Governour and Assistants for the time being or any Six of them, and of such Freemen of the said Company as shall be from time to time thereunto Elected or deputed by the Major part of the Freemen of the respective Townes or places who shall be present or send their votes to such Elections, each of the said Townes and places being hereby Impowered to Elect and depute two persons and noe more to serve for and represent them respectively in the said Great and Generall Courts. At the first of the said Great and Generall Courts which shall be held by vertue and in pursuance of these Our Letters patents and from thence forward at every other Great and General Court untill it shall be otherwise directed ordained and appointed by any Great and Generall Court, to which Great and Generall Court to be held as aforesaid, Wee do hereby for Us Our Heires and Successors give Authority from time to time, to direct and appoint and declare, what Number each County Towne and place shall Elect and depute to serve for, and represent them respectively in the said Generall Court or Assembly And to all and every of which Great and Generall Court. Wee do by these presents for Us Our Heires and Successors Give and Grant full power and Authority to admitt and make free of the said Company such and so many other persons as they shall think fit and shall be willing to accept the same. Provided always that every person who shall be Elected to serve in any Great and Generall Court or Assembly to be held as aforesaid shall before hee sit or Act in the said Great and Generall Court or Assembly take the Oaths mencioned in an Act of Parliament made in the first yeare of Our Reigne Entituled an Act for the abrogateing of the Oaths of Supremacy and Allegiance and appointing other Oaths and thereby appointed to be taken instead of the Oaths of Allegiance and Supremacy before the Governor Deputy Governour or any two of the Assistants for the time being. And to Elect and Constitute such Officers as they shall think fitt and requisite, for the Ordering Managing and Dispatching of the Affaires of the said Governor and Company and their Successors. And our Will and pleasure is and Wee do hereby for us Our Heires and Successors Grant Establish and Ordaine that yearly once in the yeare for ever hereafter namely the last Wednesday in the Month of May yearly the Deputy Governour and Assistants of the said Company and all other Officers of the said Company Except the Governour shall be in the Generall Court or Assembly to be held for that day or time newly Chosen to continue and serve for the yeare ensuing by the greater part of the said Company for the time being then and there present, and such others of them as shall send their Votes to the said Generall Court or Assembly Which liberty of sending their Votes or Suffrages is hereby granted to such of the said Company as cannot conveniently be present at the said Generall Court or Assembly, where such Election shall be made as aforesaid.

And if it shall happen the present Deputy Governour and Assistants by these presents appointed or such as shall hereafter be newly chosen into their roomes and any of them or any other of the Officers to be appointed for the said Company to dye or to be removed from his or their severall Offices or places, before the said Generall day of Election (whome Wee do hereby declare for any Misdemeans, Neglicence or Defect to be removable in any great or Generall Court by the Governor Deputy Governor and Assistants or the greater part of them and the Freemen Elected or Deputed as aforesaid or the greater part of them so to be assembled as is aforesaid) [other ?] that then and in every such Case it shall and may be lawfull for the said Governor and Company in any Generall Court or Assembly as aforesaid to proceed to a new Election of one or more others of their Company in the room or place, roomes or places of such Officer or Officers so dying or removed according to their Discretions, and immediately upon and after such Election and Elections made of such Deputy Governor Assistant or Assistants or any other Officer of the said Company in manner and forme aforesaid and that the person or persons so Elected shall be sworne into the said Office in such manner as herein is appointed the Authority Office and power before given to the former Deputy Governour or other Officer and Officers soe removed in whose stead and place one or more others shall be so Chosen and sworne as aforesaid shall as to him and them and every of them so removed respectively cease and determine.

Provided also and Our Will and pleasure is that such as are by these presents appointed to be the present Deputy Governor and Assistants of the said Company and all other Officers to be appointed and Chosen as aforesaid, shall, before they undertake the Execucion of their said Offices and places respectively, take their severall and respective Corporall Oaths for the due and faithfull performance of their Duties in their severall and respective Offices and places as also the said Oaths appointed by the said Act of Parliament made in the said first yeare of Our Reigne, to be taken, instead of the said Oaths of Allegiance and Supremacy, before such person or persons as are by these presents herein after appointed to take and receive the same (that is to say) the said [space in original] who is hereby nominated and appointed the present Governor of the said Company, shall take the said Oaths before the said [space in original] who is hereby nominated and appointed the present Deputy Governor of the said Company, or in his absence, before any two or more of the said persons hereby nominated and appointed the present Assistants of the said Company, to whome Wee do by these presents Give full power and Authority to give and Administer the said Oaths to the said Governor accordingly; And after the said Governour shall be so sworne then the said Deputy Governour and Assistants before by these presents nominated and appointed shall take the said Oaths to their Offices and places respectively belonging, before the said [space in original] the present Governour or the said Deputy Governor or before any two or more of the said persons hereby nominated and appointed to be the present Assistants, to whome Wee do hereby give power to give and Administer the said oaths accordingly; And every such person or persons as shall (at the time of the annual Election or otherwise upon death or removall) be appointed to be the New Deputy Governour and Assistants to be hereafter chosen as aforesaid from time to time, shall take the Oaths to their places respectively belonging and also the said Oaths appointed by the said Act of Parliament to be taken instead of the Oaths of Supremacy and Allegiance before the Governour or any or two or more Assistants of the said Company for the time being, unto which said Governour Deputy Governour and Assistants respectively, Wee do by these presents give full power and Authority from time to time to give and administer the said Oaths respectively according to Our true meaning herein before declared without any Commisssion or further Warrant to be had and obtained from Us Our Heires or Successors in that behalfe. And Our Will and pleasure is and Wee do hereby require and Command That all and every Person or Persons hereafter by Us Our Heires or Successors Nominated and appointed to the Office of Governor of the said Company (which said Governor for the time being, Wee do hereby reserve full power and Authority to Us Our Heires and Successors to Nominate and appoint accordingly) shall before hee or they be admitted to the Execucion of the said Office take as well the Oath for the due and faithfull performance of the said Office and Trust as also the said Oaths appointed by the said Act of Parliament made in the said first yeare of Our Reigne to be taken instead of the said Oaths of allegiance and Supremacy before the deputy Governor of the said Company for time being. To whome Wee do hereby give full power and Authority to give and administer the said Oaths from time to time accordingly without any further or other Commission or Warrant from Us Our Heires or Successors to be had or obtained in that behalfe.

And Our Will and pleasure is that when and as often as the Governour of the said Company of the Massachusetts Bay in New England shall happen to dye or be removed by Us Our Heires or Successors or to be absent from his Government or hindred from the same by sicknesse disability or any Emergent Cause, That then and in every of the said Cases the Deputy Governor of the said Company for the time being shall have full power and Authority And we do hereby Give and Grant unto the said Deputy Governour for the time being full power and Authority to do and execute all and every such Acts matters and things which the Governor of the said Company by vertue of these presents might or could lawfully do or execute if he were personally present.

And Wee do further of Our especiall Grace certain knowledge and meer mocion for Us Our Heires and Successors give and Grant to the said Governour and Company and their Successors for ever by these presents that it shall be lawfull and free for them and their Assignes at all and every time and times hereafter out of any of Our Realmes or Dominions whatsoever to take lead Carry and Transport for in and into their Voyages and for and towards the said plantations in New England all such and so many of Our Loving Subjects or any others being Strangers that will become Our loving Subjects and live under Our Allegiance as shall be willing to be transported to or settle themselves in the said plantations. And also Shipping, Armour, Weapons, Ordinance, Munition, Powder, Shott, Corne Victualls and all manner of Cloathing, Implements, furniture, Beasts, Cattle, Horses, Mares Merchandizes and all other things which may lawfully be transported and shall or may be usefull or necessary for the said plantations and for their use and Defence and for Trade with the people there. And in passing and returning to and fro: paying neverthelesse to Us Our Heires and Successors the Dutys Customes and Subsidies which are or ought to be paid or shall be payable for the same. Provided that none of the said Persons be such as shall be hereafter by speciall name restrained by Us Our Heires or Successors. And further Our Will and pleasure is, and Wee do hereby for Us our Heires and Successors Ordaine, Declare and Grant to the said Governour and Company and their Successors, That all and every the Subjects of Us Our Heires and Successors which shall goe to and Inhabite within the said Lands and premisses hereby mencioned to be granted and every of their Children which shall happen to be borne there, or on the seas in going thither or returning from thence shall have and enjoy all Liberties and Immunities of free and naturall Subjects within any of the Dominions of Us Our Heires or Successors to all Intents Construcions and purposes whatsoever as if they and every of them were borne within the Realme of England.

And Wee do hereby Grant and Ordaine that the Governour and Deputy Governour of the said Company for the time being or either of them and any two or more of such of the Assistants for the time being as shall be thereunto appointed by the said Governour and Company or any Court or Council to be held as aforesaid shall and may at all times and from time to time hereafter have full power and Authority to Administer and Give the Oaths appointed by the said Act of parliament made in the said First yeare of Our said Reigne to be taken instead of the Oathes of Allegiance and Supremacy to all and every person and persons which are now Inhabiting or Resideing or which shall att any time or times hereafter goe or pass to the Lands and premisses hereby mencioned to be granted to Inhabit in the same.

And Wee doe of Our further Grace certaine Knowledge and meere mocion Give and grant to the said Governour and Company and theire Successors that it shall and may be Lawfull to and for the Governor deputy Governor and such of the Assistants or the greater part of them and the Freemen of the said Company from time to time elected or deputed as aforesaid or the greater part of them Assembled for the time being in any great and Generall Court or assemblyes as aforesaid from time to time to elect and Constitute Judicatories and Courts of Record or otherwise to be held in the name of Us Our Heires and Successors for the heareing Trying and determineing of All and all manner of Crimes Offences Pleas Processes Plaints Accions Matters Causes and things whatsoever arriseing or happening within the Collonyes Islands places and premisses before mencioned or betweene persons Inhabiting or Resideing there Whether the same be Criminall or Civill And whether the said Crimes be Capitall or not Capitall, and whether the said Pleas be reall personall or mixt. And for the Awarding and makeing out Execucion thereupon And likewise for the Probate of Wills and recovering of Legacyes and granting of Administracions for touching or concerning any Interest or estate which such persons shall have within the said Collony and Islands and places to which Courts and Judicatoryes Wee do hereby Give and grant full power and authority from time to time to Administer Oaths for the better discovery of Truth in any matter in Controversy or depending before them.

And Whereas Wee Judge it necessary that All Our Subjects should have Liberty to Appeale to Us Our heires and Successors in personall Accions being Causes of Vallue Wee doe by these presents Ordeine that in Case either party shall not rest sattisfyed with the Judgement or Sentence of the said Court or Councill of the Governor Deputy Governor and Assistants for the time being or any other the Courts and Judicatoryes belonging to the said Governor and Company and theire Successors in any personall Accion where the matter in difference doth Exceede the vallue of Three hundred pounds Sterling That then he or they may appeal to Us our Heires or Successors in Our or theire privy Councill. Provided that such Appeale be made within fourteene dayes after the said Sentence or Judgement and that before such appeale be allowed, Sufficient Securitye be given by the partye or partyes appealing to pay or answer the debt or damages for which the Judgement or Sentence is given, and the Costs and damages susteyned by reason of such appeale in Case the Judgement or Sentence be affirmed: And provided also that no Execucion shall be stayed or suspended by reason of such Appeale to Us Our Heires and Successors in Our or theire privy Councill so as the party sueing or takeing out Execucion do give Sufficient Securitye to make Restitution in Case the said Judgement or Sentence be reversed or annulled upon the said appeale.

And Wee do further for Us Our Heires and Successors give and grant to the said Governor and Company and theire Successors full power and Authority in any great and Generall Court as aforesaid From time to time to make Ordaine and establish all manner of wholesome and reasonable Orders Laws Statutes Ordinances Direcions and Instrucions either with penaltyes or without (so as the same be not repugnant or contrary to the Lawes of this Our Realme of England) as they shall Judge to be for the good and wellfare of the said Company and for the government and Ordering of the said Lords and Plantacions and the People Inhabiting or who shall Inhabit the same and for the necessary Support and Defence of the said Plantacion and the Government thereof: Provided that all such Laws Statutes and Ordinances be within a yeare after the makeing thereof sent or Transmitted to Us Our Heires or Successors under the Common Seale of the said Governor and Company of the Massachusetts Bay in New England for Our or theire approbacion or dissallowance. And in case that any of them shall within the space of a yeare after the same shall be Transmitted and presented to Us Our Heires or Successors be disallowed as aforesaid and rejected and so signified by Us Our Heires or Successors under Our or theire signe manuall and Signet or by order of Our or theire privye Councill unto the said Governor and Company Then such and so many of them as shall be so disallowed and rejected shall from thenceforth Cease and determine and become utterly voide and of none effect.

And Wee do further for Us Our Heires and Successors give and grant to the said Governor and Company and theire Successors full power and Authority, in any great and Generall Court as aforesaid from time to time make and Ordeine fitting and Convenient Formes and Ceremonyes of Government and Magistracy, as shall be suitable to the said plantacions and the Inhabitants there, and for nameing and settling of all Sorts of Officers which they shall finde Needfull for that Government and Plantacion and the distinguishing and setting forth of the severall Dutyes Powers and Limitts of any such Office and place and the Formes of such Oathes not repugnant to the Lawes and Statutes of this Our Realme of England as shall be respectively administered unto them for the Execution of the said severall Offices and places as also for the disposeing and Ordering of the Elecions of such of the said Officers as shall be Annuall and of such others as shall be to Succeed in Case of death or removall.

And for the ministring the said oaths to the new Elected Officers and also for Imposicion of Fines Mulcts Imprisonments or other Punishments. And also to Impose and Levy proporcionable and reasonable assessments rates and Taxes upon the Estates or persons of all and every Freemen of the said Company and the Proprietors Inhabitants and Residents of the said Territorye or premisses for the necessary support and defence of the Government of the said Plantacion and of the Inhabitants of the said Territoryes and for the management of the Common and Publique Concernes and Interest of the said Governor and Company and theire Successors and of the Inhabitants of the said Territoryes. And alsoe to Direct Rule and Dispose of all other matters and things whereby Our said people Inhabitants there, may be so religiously peaceably and Civilly governed protected and defended, as theire good Life and Orderly Conversacion may Winn the Natives of the Countrey to the knowledge and Obedience of the only true God and Saviour of mankind and the Christian Faith which his said Late Majestye King Charles the First in his said Letters Pattents declared was his Royall Intencion, and the Adventurers Free profession the principall end of the said Plantacion.

Willing Commanding and requireing And by these presents for Us Our Heires and Successors Ordeineing and appointing That all such Orders Laws Statutes and Ordinances Instrucions and Direcions as shall be so made by the Governour or Deputy Governor of the said Company and Such of the assistants and Freemen in any Generall Court or Assembly as aforesaid and published under theire Common Seale shall be carefully and duely Observed kept performed, and put in Execucion according to the true Intent and meaneing of the same. And these Our Letters Patents or the Duplicate or Exemplificacion thereof shall be to all and every such Officers Superior and Inferior from time to time, for the putting of the same Orders Lawes Statutes and Ordinances Instrucions and direcions in due Execucion, against Us our Heires and Successors, a Sufficient Warrant and Discharge. And Wee do further for Us Our Heires and Successors Give and Grant to the said Governour and Company and theire Successors by these presents, That all and every such Cheife Commanders, Captaines Governours and other Officers and ministers, as by the said Orders Lawes Statutes Ordinances Instrucions or Direccions of the said Governor and Company for the time being shall be from time to time hereafter Imployed either in the goverment of the said Inhabitants and Plantacions or in the way by Sea thither or from thence according to the nature and Limitts of their Offices and places respectively shall from time to time hereafter for ever within the precincts and parts of New England hereby mencioned to be granted and Confirmed, or in the way by Thither or from thence, have full and absolute power and Authoritye to Correct punish pardon Governe and Rule all such the Subjects of Us Our Heires and Successors as shall from time to time Adventure themselves in any Voyage thither or from thence or that shall at any time hereafter Inhabit within the said precincts and parts of New England aforesaid according to the Orders Laws Ordinances Instrucions and Direccions aforesaid not being repugnant to the Lawes and Statutes, of Our Realme of England as aforesaid.

And Wee do further for Us Our Heires and Successors give and grant to the said Governour and Company and theire Successors by these presents That it shall and may be Lawfull for the Governor of the said Company for the time being and any Six or more of the Assistants for the time being in any Generall Court and Assembly hereafter to be assembled and held, to appoint Cheife Commanders and other Officers as they shall see meete from time to time to Instruct Exercise and Governe the Militia there, And for theire speciall Defence and Safety to assemble in martiall array and putt in Warlike posture the Inhabitants of the said Tracts and Plantacions and to Comissionate Authorize and Impower such person or persons as they shall thinke fitt to Instruct Exercise Governe Lead and Conduct them, and to Encounter Expulse repell resist and pursue by force of Armes as well by Sea as by Land as well within as without the said Territoryes and Lands hereby Granted, And also to kill Slay Destroy and Conquer by all fitting wayes Enterprizes and meanes whatsoever all and every such person and persons as shall at any time hereafter attempt or Enterprize the destruccion Invasion detriment or Annoyance of the said Inhabitants of Plantacions. And to use and Exercise the Law Martiall in the time of actuall War Invasion Or Rebellion as Occasion shall necessarily require. And also from time to time to erect Forts and to fortifye any place or places and the same to furnish with all necessary ammunicion and provisions for Offence or Defence, And to Committ from time to time the Custody and goverment of the same to such person and persons as to them shall seeme meete and the said Forts and Fortificacions to Demolish at theire pleasure and to take and surprize by all wayes and meanes whatsoever all and every such person and persons with theire Shipps Armours Munition and other goods as shall in hostile manner invade or attempt the Conqueringe Destroyeing or Defeateing of the said Plantacion, or the hurt of the said Company and Inhabitants and upon just Causes to Invade and destroy the Natives and other Enemyes of the said Collonye.

Nevertheless Our Will and pleasure is and Wee do hereby declare to all Christian Kings Princes and States that If any person or persons which shall hereafter be of the said Company or Plantacion or any other by Licence or appointment of the said Governor and Company for the time being shall at any time or times hereafter, Robb or Spoyle by Sea or by Land or do any hurt violence or unlawfull hostility to any of the Subjects of Us Our heires or Successors or any of the Subjects of any Prince or State being then in League and amity with Us Our heires and successors, and that upon just Complaint of such Prince or State or theire Subjects Wee Our Heires or Successors shall make open Proclamacion Within any of the parts within Our Realme of England Commodious for that purpose That the person or persons haveing Committed any such Robberies or Spoile shall within the Terme Limited by such Proclamacion make full restitucion or sattisfaccion of all such Injuryes done so as the said Princes or others so Complaineing may hold themselves fully sattisfyed and Contented. And that If the said person or persons haveing Committed such Robbery or Spoile shall not make or Cause to be made Sattisfaccion accordingly within such time to be Limited That then It shall be Lawfull for Us Our Heires and Successors to put the said person or persons Out of Our Allegiance and protection; And that It shall be Lawfull and Free for all Princes to prosecute with all hostility the said Offenders, and every of them, theire and every of theire procurers ayders Abettors and Confederates in that behalfe.

And Wee do further for Us Our Heires and Successors Give and Grant to the said Governour and Company of the Massachusetts Bay in New England and theire Successors all Admirall Rights Benefitts Jurisdicions and likewise all priveledges and Commodityes to the said Admirall Jurisdiccions in any wayes belonging to appertaining in and upon the Seas Rivers and Coasts of or belonging to the said Territoryes and Premisses and every or any of them or to the same adjoyneing or within Twenty Leagues of the said Territoryes and premisses or any of them and in and upon all Rivers and Creeks thereof;

And Wee do Will and Ordeine that it shall be Lawfull for the said Governour and Company, and theire Successors in any great and generall Court or Assembly to be held as aforesaid to Erect and Constitute one or more Court or Courts to heare and determine all manner of Pleas for and concerning the same Saveing alwaies to Us Our Heires and Successors and to the Lord high Admirall of England and Commissioners of the Admiralty for the tyme being of Us Our heires and Successors All and all manner of Jurisdicions Rights powers benefitts and Authorityes whatsoever Incident or belonging to the said Office of Admirall Which it shall be Lawfull from tyme to tyme to Us Our Heires and Successors or to the Lord High Admirall of England and Commissioners of the Admiralty for the tyme being to Use and exercise within the said Territoryes and Premisses, and the Seas Creeks and Rivers aforesaid when wee or they shall thinke fitt.

Provided also And Our Expresse Will and pleasure is And Wee doe by these presents for Us Our heires and successors Ordeyne and appoint That these Our Letters Patents shall not in any manner Enure or be taken to Abridge Barr or hinder any of Our Loving Subjects whatsoever to Use and Exercise the trade of Fishing upon the Coast of New England in America by these presents mentioned to be granted. But that they and every or any of them shall have full and free power and liberty to Continue and use their said Trade of Fishing upon the said Coasts in any of the Seas thereunto adjoyneing or any Armes of the Seas or salt Water Rivers where they have been wont to Fish and to build and Set up upon the Lands by these presents Granted lying Wast and not then possessed by perticular Proprietors such Wharfes Stages and Warehouses as Shalbe necessary for the Salting Drying Keeping and Packing up of their Fish to be taken or Gotten upon that Coast And to Curt downe and take such Trees and other materialls there groweing or being upon any parts or places lying Wast and not then in the possession of particular Proprietors as shalbe needfull for that purpose, and for all other necessary Easements helps and Advantages concerneing their said Trade of Fishing there, in such manner and forme as they have been heretofore at any tyme Accustomed to doe, without making any willfull wast or Spoil, Any thing in those presents Conteyned to the Contrary Notwithstanding.

And further of Our Especiall Grace certaine knowledge and meer mocion Wee have Given and Granted And by these presents for Us Our heires and Successors doe Give Grant and Confirme unto the said Governor and Company of the Massachusetts Bay in New England and to their Successors, All that the said part of New England in America which lyes and extends betweene the said Great River commonly called Monomack also Merriemack and the said other River there called Charles River being in the bottome of the said Bay commonly called Massachusetts, also Mattachusetts also Massatusetts Bay and all and singular the said Lands and Hereditaments whatsoever lyeing within the Space of three English Myles on the South part of the said Charles River or of any part hereof. And all and Singular the said Lands and Hereditaments Whatsoever lying within the Space of three English Miles to the Southward of the Southermost part of the said Bay called Massachusetts also Mattachusetts also Massatusetts Bay. And also all the said Lands and hereditaments whatsoever which lye within the Space of three English Myles to the Northward of the said River thereof called Monomack also Merriemack or to the Northward of any and every part thereof. And all the lands and hereditaments whatsoever lyeing within the Lymitts aforesaid North and South in Latitude and breadth, and in Length and Longitude of and within all the breadth aforesaid throughout the Maine Lands there, from the Adantick or Westerne Sea and Ocean on the East part, to the South Sea on the West part. And all Lands Grounds places Soyles Woods and Wood grounds Havens Ports Rivers Waters and other Hereditaments and premisses whatsoever lying within the said last mencioned bounds and Lymitts and every part and parcell thereof And also all Islands lying in America in the said Seas or either of them On the Westerne or Easterne Coasts or parts of the said Tracts of lands And all Mines and Mineralls As well Royall mines of Gold and Silver as other Mines and Mineralls pretious Stones and Quarryes opened or not opened And all and singular other Hereditaments and premisses in and by the said Letters Patents of his said late Majestie King Charles the first beareing date the said fourth day of March in the said fourth yeare of his Reigne granted or mencioned to be Granted as aforesaid. And also that part and porcion of the Main Land of new England in America beginning at the said Entrance of Piscataway harbour and Soe to pass up the Same with the said River of Newickewanneck and through the same unto the furthest head thereof and from thence Northwestward till One hundred and Twenty Miles bee finished, and from Piscataway harbour Mouth aforesaid North Eastward along the Sea Coasts to Sagadahock, and up the River thereof to Kynybegny [?] River and through the same to the head thereof and into the Land Northwestward till One hundred and Twenty Myles bee ended being accounted from the Mouth of Sagadahock, and from the period of One hundred and Twenty miles aforesaid to Cross over land to the One hundred and Twenty Miles before Reckoned up into the Land from Piscataway Harbour through Newichewannocke River And also the North halfe of the Isles of Shoals together with the Isles of Capawock and Nawtiran [?] near Cape Cod And Also all the Islands and Isletts within five Leagues of the Main all along the said last mencioned Coasts between the said Rivers of Piscataway and Sagadahock with all the Creeks Havens and Harbours thereunto belonging which said premisses, by his said late Majestie King Charles the first in his said Letters Patents beareing date the third day of Aprill in the fifteenth yeare of his Reigne were appointed to be called or named the Province or County of Main

And also all Mines and Mineralls as well Royall Mynes of Gold and Silver and other Mines and Mineralls Pretious Stones and Quarryes opened or Unopened And all and Singular other Hereditaments in and by the same Letters Patents mencioned to be granted to the said Sir Ferdinando Gorges To have and to hold the said Territoryes Tracts Provinces Countyes Lands Hereditaments and all and Singular other the premisses with their and every of their Appertannances to the said Governor and Company of the Massachusetts Bay and their Successors and Assignes forever. To the only proper use and behoofe of the said Governor and Company of the Massachusetts Bay in New England their Successors and Assignes forevermore.

To be holden of Us Our heires and Successors as of Our Mannor of East Greenwich in the County of Kent by fealty only, in free and Common Soccage, Yeilding and paying therefore yearely to Us Our Heires and Successors one Quarter of wheat and also the fifth part of all Gold Silver and precious Stones which shall from tyme to tyme and at all tymes hereafter happen to be found gotten had and obteyned in any of the said Lands and premisses or within any part thereof for and in Satisfacion of all manner of Dutyes Demands E[x]actions and Services whatsoever to be done made or paid to Us Our Heires and Successors for the premisses.

And Wee doe further for Us Our Heires and Successors Give and Grant to the said Governor and Company of the Massachusetts Bay in New England and their Successors and Assignes forever All Treasure trove goods and Chattells of Fellons and of Fellons of themselves and of persons Outlawed and put in Exigent Waifes Estrayes Pirats goods Deodands fines and Amerciaments of all the Inhabitants and others groweing and ariseing in these said Tracts Provinces or other the premisses or any part thereof And also all manner of Wrecks of Shipps or Merchandize and all that which to Wreck [of Shipp: deleted in original?] belongeth.

And Wee doe further for Us Our Heires and Successors Give and Grant unto the said Governor and Company and their Successors full power and Authority in any great or Generall Court to be held as aforesaid to Divide all or any part of the Territoryes hereby granted or mencioned to be Granted as aforesaid into Provinces Countyes Townes hundreds and Such other Divisions parts and porcions as they shall think fitt and to make Erect and Ordeyne any Mannor or Mannors in and upon any part or parts of the said Territoryes And to Erect and Constitute Courts Leet and Courts Baron to be holden within the same Mannors respectively And also to Grant Charters or Letters of Incorporacion to any Towne or place within the said Territoryes. And likewise to Constitute Such and Soe many Marketts Marts and Faires and to grant Such reasonable Tolls and Dutyes in and for the same as to the said Governor and Company in any Great or Generall Court or Assembly to be held as aforesaid shalbe thought fitt.

And Moreover Wee doe Give and Grant to the said Governor and Company and their Successors in any great and Generall Court or Assembly to be held as aforesaid full power and Authority to make Erect and appoint within the said Territoryes Tracts and Premisses such and soe Ports, Havens Creeks and other places as they shall thinke fitt for Lading and Unlading of Shipps and other Vessells to be Laden and Unladen at such Ports Havens and Creekes Soe to bee appointed and not Elsewhere Provided neverthelesse And Our Will and pleasure is that nothing in these presents conteined shall extend or be Construed to defeat destroy or alter any Division heretofore made designed and Used of any part of the Territoryes and premisses hereby granted into Countyes Hundreds Townes or otherwise but that the same shall continue in such manner as the same are now used.

And Wee doe accordingly by these presents Confirme and Establish the same. Provided also neverthelesse And Our Express will and pleasure is that nothing in these presents conteined shall extend or be construed to Defeat or Annull any Grant or Estate heretofore made or granted of any part of the premisses of any Jurisdiction or Priviledges to any person or persons Body Corporate or Politique or soe reputed, Towns, Villages, Colleges of Schooles whatsoever by any Generall Court or Assembly heretofore held or by Virtue or Colour of the said Letters Patents hereintofore recited or either of them

And Wee doe hereby declare And for Us our heires and Successors doe Grant that all and every Such Lands Tenements and Hereditaments Jurisdicions and priviledges which any person or persons or Bodyes Politique or Corporate or soe reputed Townes Villages Colledges or Schools Doe hold and Enjoy or ought to have hold and enjoy by or Under any Grant or Estate made or granted by Such Generall Court or by Virtue or Color of the said Letters Patents hereinbefore recited or either of them shalbe by such person and persons Bodyes Politique and Corporate or soe reputed, Townes, Villages, Colledges, or Schools, their Respective Heires Successors and Assignes forever hereafter held and Enjoyed according to the purport and intent of such Respective Grant, under and Subject to the Rents and Services thereby reserved or made payable Any matter or thing whatsoever to the Contrary Notwithstanding.

And Lastly Wee doe for Us Our Heires and Successors Ordeyne and Grant to the said Governor and Company and their Successors, that these Our Letters Patents Shalbe good and Effectuall in the Law Notwithstanding the not nameing or not true and certaine nameing or mencioning of the said Lands and premisses or any of them or the names of the persons by or to whome the same or any of them were or are granted, or are now held and enjoyed or any Misrecitall or other defect or Incertainty whatsoever. In Witnesse etc Witnesse etc.

Massachusetts Agents to L.T.P., n.d. [c. 8 June] 1691

P.R.O., C.O. 5:586, 578–579. C.S.P.C. #1574. The date of 8 June is pencilled on the manuscript.

Proposalls Humbly offered to the Lords of the Committee For the perfecting of the Charter of the Masachusis Colloney in New England.

That their Lordships haveing agreed That there be a Governour appointed by the King dureing pleasure It is humbly proposed to their Lordships that the Deputy Governour be chosen by the Assistance with the Consent of the Governour.

That the Deputy Governour upon the death or absence of the Governour from the Government to have the same power.

That there be a Generall Court or Assembly to be chosen by the Freeholders and Freemen of the Colloney

That the Assistance be chosen Annually not by the Generall Court but by the Freeholders and Freemen And that the Governour may not have a negative voyce in those Elections. If in London the Aldermen should be chosen not by the Cittizens but by the Common Councell Men, and that the Lord Mayor should have a Negative voice, on the Elections their Charter would be noe Charter. This seems to be Inconsistent with the assentialls of a Charter, and therefore not according to his Majesties gratious Intention. Wee are sure such an Infringment of their Antient Charter liberties would be very grevious to the Generallity of his Majesties good Subjects of New England whose satisfaction their Majesties doe Most gratiously designe.

That the Generall Court doe meet once A yeare on the Last Wednesday in May.

That it may be in the power of Generall Court or Company to appoint what Judges Sheriffs or other Civill Officers they shall see necessary and that the liberty of the Company therein may not be Infringed by the Governors negative voice.

That the Members of the Assembly and the Assistance and Judges and other Officers doe take the Oaths appointed by Act of Parliament Instead of the late Oaths of Allegiance and Supremicy.

That the word Freemen be added every where to the word Freeholders, because Freemen have alwaies had Votes in Elections in Corporations.

That upon the death or absence from the Government of the Governour or deputy Governour the First of Assistance to preside in the Goverment.

That Liberty be granted for the sending of Votes ass is in Mr Attorneys draught Exprest, for If all the Freeholders Should Leave their Habitations to Attend att the Generall Election the Remote Towns will be Exposed to the Incurtions of the Indians or other Enemies soe that it is absolutely necessary That liberty of Sanding Votes should be granted as hath been for many yeares practised in New England.

That the Generall Court or Assembly to have power to Erect or Constitute Judicatories or Courts as in Mr Attorneys draught Is Exprest.

That Probatts of Wills and granting Administrations not to be in the Governour and Councell or Assistance but as in the draught Exprest for it will be an Intollerable Inconvenience to many in that Colloney If they should be necessitated to come for the Probate of a Will perhaps One Hundred and Thirty Miles to the Place where the Governour and Councell Reside.

That upon Appeales the Security to be equall in value to the matter in difference, that All Laws to be transmitted by the First opportunity after their being made.

The time of the Kings Confirmation not to be determined by a Yeare but by Eighteen Months.

That the Governour have a Negative voice in the passing of Laws only, but that Elections and all other acts of Goverment be as in the draught.

That all the power of the Malishia be in the Governour and Assistance Except the Transporting of the Inhabitants out of the Colloney which is not to be without the Consent of the Generall Court. And Martiall Law not to be Exercised (without the Consent of the Assistance,) upon the Inhabitants of the Colloney.

That all Admirall Rights may be preserved to the Colloney as is in the draught of the Charter which is the same that is in Sir Fardenando Gorges Charter whose Right was purchased by the Governour and Company of the Masachusis Colloney.

Mather Diary, 17 June 1691

M.H.S, “Diary 1691,” 22

. . . As to Publick. These Nations are still in an ill state. This Land is filled with sin. New England not yet settled. The charter drawn up and presented to the Lords, is by an old Adversary opposed. I am still detained here, and kept from my Family.

Abstract of Draft Charter and William Blathwayt’s Observations Thereupon, n.d. [c. 25 June] 1691.

P.R.O., C.O. 5:856, 580–587. C.S.P.C. #1596. The abstract is written on the left hand side of the page and the observations opposite the appropriate items. Penciled on the back of this document is the date “June 25 1691.” The docket title is “Abstract of the Boston Charter with observations.”

An Abstract of the Draught of a Charter for the Governor and Company of the Massachusetts Bay.

1. 1. Letters Patents granted by King James the 1st to the Councill of Plymouth recited folio 1.
2. 2. Indenture from the said Councill to Sir Henry Roswell and others whereby the colony of the Massachusetts was granted to Six persons, folios 2 to 4.
3. 3. Letters patents granted by King Charles 1st to the said Six persons and 20 more their Associates by which the Lands etc. granted by the Councill of Plymouth was Confirmed to them and other Libertys and Priviledges granted and they Incorporated. Folios 4 to 8.
4. 4. The Governor and Company by vertue of the said Letters Patents settled the Colony and by the Industry of the inhabitants there the publique Revenue of the Crowne was advanced and great Advanteages accrued to the Kingdom by the Increase of Wealth encouragement of navigacion and Countyes and townes there. Folio 9.
5. 5. Letters Patents granted by King Charles 1st to Sir Fardinando Georges Knight for the Province of Maine with the Isles of Capawock and Nanhian neere Cape Codd Folio 9 to 12.
6. 6. The Province of Maine was by good Conveyances vested in the Governor and Company their Successors and Assigns and they possessed thereof. Folio 13.
7. 7. The Province of New Hampshire lyeing between Merrimack River and the said Province of Main and the South part of the Isles of Shoales for many yeares continued under the Government of the said company and is not Settled under any other government. Folio 13.
8. 8. In Trinity Terme 36 Car 2d Judgment was given in Chancery against the said Governor and Company and the Letters Patents granted to them vacated. Folio 13.
9. 9. The Agents in behalfe of the said Colony have petitioned his Majestie to Incorporate his Subjects there and grant and confirme to them the premisses with such powers, priviledges and franchises as should most conduce to his Interest and Service and welfare of his Subjects there and his Majestie being pleased to gratifie the Petitioners considering that the Incorporateing his Subjects and granting them seasonable powers and priviledges will much tend to their safety and flourishing Estate ordaine as followeth, folio 14.
10. 10. The persons to be named and all others heretofore made free of the said Company and such as shall be hereafter made free shall for ever be one body Corporate and politique enabled to Implead and be Impleaded to purchase and dispose of lands etc. Folio 15.
11. 11. To have a Common Seale. Folio 15.
12. 12. That there be one Governor, one Deputy Governor and 18 Assistants of the Company Chosen (the Governor excepted) out of the Freemen to dispose and order the generall Affairs of and concerning the Lands and premisses and the government of the people. Folio 16.
13. 13. The Governor to be named and appointed by his Majestie and to Continue 3 yeares or longer att pleasure, the Deputy Governor and Assistants to be named and Continued till the last Wednesday in May next. Folio 16.
14. 14. The Governor in case of absence or sicknesse the Deputy Governor, att discretion to call togather the Assistants and with them to hold a Court or Councill any Six with the Governor or Deputy Governor being a full Court or Councill. Folios 16 and 17.
15. 15. The Governor or Deputy Governor, and six or more Assistants to hold yearly on every last Wednesday in May and att such other times as they shall appoint a General Court to consist of the Governor or Deputy Governor and six or more of the Assistants and two deputyes from Each towne chosen by the Freemen there, and the generall Court to appoint what number each place shall depute. Folio 17.
16. 16. The General Court to admitt Freemen (provided every member take the Oaths in the act of the first yeare of the King and Queen) and to Elect Officers. Folio 18.
17. 17. The Deputy Governor and Assistants to be yearly Chosen and all other officers (except the Governor) in the Generall Court, who may also remove any officer for any Misdemeanor, negligence or defect and in case of death or removall chuse new into their Roomes. Folios 18 to 20.
18. 18. The Governor to be appointed by his Majestie and to be sworne by the Deputy Governor and in case of his death absence or disability the Deputy Governor to act as Governor. Folios 20 and 21.
19. 19. Liberty to the Company to transport and people and merchandizes from England and other parts. Folios 21 and 22.
20. 20. All Inhabitants and their children to enjoy all Libertys as naturall borne subjects. Folio 22.
21. 21. The Governor Deputy Governor or two or more Assistants or Court to Administer oaths to the Inhabitants. Folios 22 and 23.
22. 22. Generall Court to appoint courts of Judicature for all cases criminall and civill and for Probate of Wills and Administrations. Appeales being preserved in all Civill cases to their Majesties in Councill above the value of 300 pounds on Security to Answer the debt or damage if lost [?] on the Appeale and Execution not to be stayed. Folios 23 and 24.
23. 23. Generall Court to make Laws not contrary to the Laws of England to be within a yeare transmitted to their Majesties for Approbation and Such as shall be disapproved within a yeare after presented and Soe Signified to be Null and Voyd. Folios 24 and 25.
24. 24. Generall Court to ordaine Formes and Ceremonys of Government and Settle all Sorts of Officers and formes of Oaths not repugnant to the Laws of England and Order the ministring them and for Imposicion of fines Mulcts Imprisonments or other punishments and to Impose and levy Rates and Taxes on the Estates of all persons. Folios 25 and 26.
25. 25. All Laws made by the Generall Court to be duly observed and Executed. Folio 27.
26. 26. The officers of the Corporation Imployed in the Government or in the Way by Sea thither or from thence according to the Nature of their Offices to Correct, punish, pardon. Govern and Rule the People according to the said Laws made by the Generall Court. Folios 27 and 28.
27. 27. Generall Court to Appoint Military Officers and to Array the Millitia as Occasion and resist by Sea and Land any that shall invade or annoy them. And to Exercise martiall Law Erect Forts appoint Commanders thereof and Demolish them att pleasure to take or Surprize all that attempt to Conquer or distroy the Plantation or Hurt the Company or Inhabitants and upon Just cause to invade the Natives and other Inimies of the Crown. Folios 28 and 29.
28. 28. If any of the Company Committ Robery or Spoil by Sea or Land on any of their Subjects or others in Amity with them on Complaint of such Prince or State or their Subjects and proclamacion made by his Majestie they are to make full Restitution or be putt out of Protection. Folios 29 and 30.
29. 29. All Admirall Rights and Jurisdictions granted to the Governor and Company and the Generall Courts to Erect Courts of Admiralty saving the right of the admiralty in England over those parts. Folios 30 and 31.
30. 30. The Fishery not to be obstructed but Liberty given to Sett up Stages on wast land not possessed by perticuler persons. Folios 31 and 32.
31. 31. The Lands between Merrimack River and Charles River and 3 miles to the South and North of the same and from the Westerne Sea on the East part South Sea on the West part granted to the Governor and Company their Successors and Assignes. Folios 32 and 33.
32. 32. Also the Province of Main the North halfe of the Isles of Shoales with the Isles of Capawock and Nautican neer Cape Cod. Folios 34 and 35.
33. 33. To be beholden as of the mannor of East Greenwich paying yearly one Quarter of Wheat and the fifth part of all Gold Silver and pretious stones. Folio 35.
34. 34. Treasure trove goods of Felons and Outlaws, Waifes Estrayes, Pyrates goods. Deodands, fines and Amerciants and Wrecks granted to the Governor and Company. Folios 35 and 36.
35. 35. Generall Court to Divide the Territorys into Countys Towns or to Errect Mannors Courts Leet and Courts Baron to grant Charters or Letters of Incorporacion to Constitute Markets and Fairs and grant reasonable Tolls and dutys, to appoint Ports, Havens, etc. Folios 36 and 37.
36. 36. The Divisions heretofore made not to be altered but are confirmed, nor nothing to extend to defeate any Estate heretofore granted to any person or persons, Townes, Villages, colledges or Schools by any Generall Court or assembly heretofore held but all Lands etc. soe granted to be forever held and Enjoyed according to the purport of the Grants under the Rents reserved. Folios 37 and 38.
37. 37. The Letters Patents to be good notwithstanding any defect. Folio 38.

Observacions thereupon.

By this Indenture the lands therein Conveyed became the Joynt estate in Fee of the said Sir Henry Roswell and the other five persons therein named.

They doubting the powers granted them by the said Indenture not to be Sufficient for government which cannot be Conveyed from Subject to Subject as an Estate in Land etc. may, Applyd to King Charles 1st and obteined his Letters Patents by which the said Lands were againe granted and Confirmed to the said six persons and 20 more therein also named (who they declared to be their Associates) their heires and Assignes for ever, and they were after thereby Incorporated and had Severall powers of Government granted. By their Letters Patents the said Lands became the Joynt Estate in Fee of the said 26 persons not in their politicall but naturall Capacity.

After the granting the said Letters Patents the Corporacion Continued in England and Exercised the Government of the Company and Country there (as it appeares by the Doggett book of the Councill when the said Patent passed it was Intended they should) admitted Freemen and Choese new officers when the times of those first nominated in the Grant were Expired.

It was some considerable time after the obteining said Letters Patents before the Cheife officers of the Corporacion transported themselves into New England and with or after them went not above 4 of the Grantees in the said Patent named, but how the Grantees Right to the Soil was Conveyed to the Corporacion is not yett known, though upon their Arrival they assumed the Right thereof and made very Improper and Irregular disposicions of Land there.

There was noe publique stock of the Company raised or Imployed to Encourage the Settlement of that Country but as the same was knowne and discovered, soe people transported themselves the Freemen att their own Charge and Servants att their Masters who to repay them had the benefitt of their Labour.

England nor the Revenue of the Crown has been noe ways advantaged by this settlement for the Industry of the Inhabitants does not produce the bread and other provisions they eate nor for about 30 yeares past have they raised one bushell of wheat in the Colony

By the plenty of timber and Workmen they have built many ships and other vessells and with them have long used to continue an unlimited irregular trade contrary to the Acts of Parliament made for Regulateing the same, and by transporting of tobacco, Sugars and other Comodityes of their Neighbouring plantacions to places prohibited have not only lessened the trade and Navigacion of this Kingdom, but instead of advanceing considerably deminished the Revenue of the Crown as may appeare by the Customhouse books compared with the time when by his Majesties government settled there that trade was restrained.

(The Isles of Capawock and Nautiian are those Islands now called Nantuckett Martha’s vyniard and Elizabeth Islands, and were before granted by Letters Patents to the Lord Starling [sic] and by him together with Long Island and other Lands Conveyed to the late King James when Duke of York and ever since the Reduction of New York from the Dutch have been and now are belonging to that Province.

When it was known in the Reigne of King Charles 2d that the province of Main was upon sale the King gave Order for the purchase thereof but before any could treat about the same it was privately bought by one Imployed by the Company which when known the King was displeased att and by the Lord Culpeper in New England tendred them their mony againe, and whatever pretence that Corporacion (when in being) could by vertue thereof make to the Soil of that Country it is certain they never were possessed of the Government by any direcion or Approbacion of the Crown, though when magistrates and officers were settled there by his Majesty’s commands anno 1669 (long before the said pretended purchase) the Officers of that Corporacion without any Colour of Authority Intruded into the said Province and forcibly displaced them and Compelled the Inhabitants to submitt under their Government. As they did likewise publiquely oppose and refuse to Obey the Authority given by the said King Charles to his said Commissioners when they were att Boston in New England.

Newhampshire was always a perticular Province of it selfe wholy without the Limitts of the Massachusetts Charter and soe declared by the Opinion of the Judges in the Reigne of King Charles 2d, when Colonel Mason claymed the propriety thereof and though by Intrusion the Company did for some time assume and exercise the Government there upon Complaint thereof to [blank] a Commission under the great Seale was given to a president and Councill and after to a Governor sent from hence who continued the Government thereof untill a Generall Governor was sent to New England and that Province with others United and putt under his Government.

This Compeny had noe sooner Exerted their power in New England that they grew soe exorbitant in their Proceedings, Administration of Government and Incroachments on their Neighbours and Occasioned soe many Complaints to King Charles 1st and gave soe much trouble to the Councill of Plymouth as forced them to Surrender their Charter to his Majesty and soon after upon a Quo Warranto Judgement was Entered against the said Company.

In the time of the late troubles the said Company laid by the rules and dirrecions of their Charter and turned themselves into a Commonwealth and assumed all manner of Sovereigne powers, (as may appeare by their printed Lawbook) which they exercised accordingly and about the time of the Restauracion were got to that highth that they hanged Severall persons for differing from them in matters of Religion.

Dureing the Reigne of King Charles 2d, the Company Continued and Exercised those absolute Sovereigne powers they had assumed without any regard to their Charter, And contrary to the laws and Statutes of this nation Suffered and Countenanced an irregular and unlawfull trade to all or most parts of Europe to the great prejudice of the trade and navigacion of this Kingdom and Revenue of the Crown and wholy discountenanced the Officers appointed by the said King Charles to Inspect and prevent the Same. Upon Complaint whereof made by the Merchants here and of other greate greviances and oppressions on the Subjects (all other meanes used by the King being ineffectuall to redresse the same) the Charter of the Company was by due Course of law legally vacated. Since such ill use and practice have been made by the Company of the powers and priviledges granted them, It is humbly offered to consideracion, If it can any ways conduce to the Interest and Service of their Majesties the beneffitt of their Subjects or this Kingdom to Incorporate them againe or to give them like or any greater or other powers and priviledges by Charter. Or whether their past actions and behaviour merritts more grace and favour from the Crown, or to be more distinguished by any perticuler form of Government or other priviledges than the rest of the Plantacions have and Enjoy Especially Berbadoes and Verginia which were originally settled by Charters.

By this not above a tenth part of the Freeholders and Inhabitants of the Massachusetts Colony will be Incorporated and those only Select members of the Indipendant Congregacions none others haveing heretofore been admitted Freemen of that Company. Nor could all the Endeavours used in the Reign of King Charles 2d who desired that all his Subjects might have an Equall share in the Government there bring that matter to any other regulacion. Nor cann it be Expected if the government be putt in the same method and hands again that there will be any other Quallificacion admitted suficient to make a man Free but Independent Church membership, soe that the rest of his Majesties Subjects, most of the best Estates and Capacity will be wholy excluded from any share or Interest in the Government and be forced to beare the burthen of all their Taxes and Imposicions as in a very unequall and Oppressive manner they have hitherto done.

That which seemed a Reason on the first discovery of or attempts to Settle a Country to Incorporate the undertakers is now of noe force and the remotenesse of the Country and greatnesse of its Inhabitants makes it much more fitt for his Majestyies Immediate care and Government like to the rest of his Plantacions that as they are under one head and Sovereigne they may be under one generall Law and Constitution of Government. And it is unprecedentall to putt the Government of a country which Consists of 4 Large Counties (besides the Province of Main a Considerable Province remote from them) and each County of many considerable townes, under the Government of a Corporacion made up of a small parte of the Inhabitants and which the Courts att Westminster or Laws of the Nation cannot by reason of their remotenesse have any check or controul over to keep within their proper bounds and duty.

In case the Corporacion should Extend to include all the Freeholders and Inhabitants of that Colony it cannot be much doubted but that such a party soe united as the members of the Independent congregacions are with the Assistance and Influence of their teachers will be able to carry any Elecion of officers, by which meanes the whole officers of the Company will be chosen by and out of a party which may give great uneasienesse to many of his Majesties Subjects and trouble to the Crown.

The Company were soe regardlesse of their former Charter that not one Law or grant of Land ever passed under their Common Seale.

The Cheife officers of the Company are the same as in the former and to be chosen after the like manner (Except the Governor) which must necessarily Runn them into the like practices and Inconveniencys.

In all other plantacions such of the Cheif of the people as his Majestie shall appoint are sworn of his Councill for the severall plantacions, who are to council and advise the Governor in all matters of State or publique Import, in whose stead these Assistants are nominated, but neither by the practice of the plantacions nor Constitution of the English Government can the people pretend to any right or priviledge to Elect such a Councill the prerogative wherein belongs wholy to his Majestie and ought of more necessity to be held and exercised by his Majestie in New England where the people are soe very Inclynable to a popular Government. This varys something from the former Charter but is not practicable to limitt the time of any Governor in the plantacions nor any of the Councill who hold their offices dureing the Kings Pleasure only.

The same as in the former Charter. The practice of other plantacions being for the Councill to meet once each week on a certain day appointed and oftner as occasion on notice from the Governor.

By the former charter there was fouer generall Courts appointed to be in a year on the last Wednesday in each terme, and after by a Law the Company appointed but two and by this draught but one. This Generall court has both Legislative and Judiciall power and in matters of Judicature both Assistants and deptys are members. The Governor only presides and being soe numerous a bench, besides the irregularities of their proceedings occasion much delatorynesse and Expence to the partys and great charge to the Country being maintained att the publique expence dureing their sitting and in comeing from and returning home.

In the other plantations the legislative power is placed in the Governor and Councill and Depty, or Representatives of the People which resembles the King Lords and Commons and is more agreeable to the Method and Constitution of the Government of England, the Deputyes or Representatives of the people being noe wayes Concerned with matters of Judicature but perticuler Courts and Judges appointed after the manner of England, as was also done in New England whilst a Governor was there from [illegible].

The Governors in other Plantacions have the Negative Voice of makeing of Laws and the power of calling and dissolveing Assemblys which here is not provided for nor any more power given to the Governor than a single Vote in the Generall Court as each of the Assistants and Deptys have soe that any Law or act of the Court may passe by the major Vote without his Consent.

There being many towns in New England but most small two deptys from each may be too great a number and Charge for the Country, which as it is more properly the right of his Majestie then the people to Regulate may be limitted to a certain number to be Chosen out of each County as the Knights of the Sheires are here. The General Court being the same as in the time of the former Charter must expect the like methods in admitting Freemen and Electing Officers.

The King appoints all Officers Civill and Millitary within the Kingdom of England and by his Governor in the Plantacions and if should grant that part of his prerogative to the Generall Court, who are all except the Governor, chosen by the people would Exclude himselfe and sett up and Elective popular Government contrary to the frame and Constitution of the Monarchy and in a manner Indipendent from the same which the people of New England are already too fond and desireous of. There is now no need of this Clause the Country being very populous and noe restraint upon any willing to transport themselves to the Plantacions and the generall Liberty of trade gives New England the same advantage for Supply as the other Plantacions.

A Right Determined by the Common Law and of noe advantage to be incerted here.

In the plantacions the Courts are commonly appointed by the Governor, Councill and Representatives of the People, but the Governor is looked upon as Ordinary and either by himselfe or other Commissionated by him takes the probate of all Wills and grants Letters of Administracion.

Appeales to their Majesties is a New thing not mencioned in the former Charter nor would be admitted in any case under their former Government though practiced in all other Plantacions.

This was more restrained in the former Charter being limitted according to the course of other Corporacions in England and yett that could not containe them from makeing a body of Laws in all cases Ecclesiaticall criminall civill millitary and Marine and most of them Contrary and Repugnant to the Laws of England to which they had noe manner of Regard nor would Suffer any to have beneffitt off when pleaded in their Courts, but all Causes and cases were to be determined by the laws made by the Generall Court only or in defect of such Law by the Discretion of the Magistrate according to the word of God, as may be seen by their printed Lawbook. And it cannot be doubted but if the like or greater powers be granted to the same persons they will have the same sence thereof and proceed after the like manner, without transmitting their Laws soe long as they can Inforce them, which the Governor haveing by this Projection noe distinct power but with the Assistants Chosen by the people and the Generall Court may not be capable to prevent. And when such a Charter as this is again passed may be more difficult for the Crown to Restraine.

The formes and Ceremonys of Government in the other Plantacions are usually declared and appointed by the King in his Commission to the Governor. And all Judges, Justices and other civill Officers and ministers are appointed by the Governor which as it preserves the right and perogative of the Crown soe adds much to his Interest and Authority in the Government, And all taxes and Imposicions are raised by the Free Consent of the people in Generall by their Representatives. But according to the Projection of this Patent the Consent of not above one tenth part of the Freeholders, would be had.

The Administracion of justice and proceedings in all Criminall cases in the other Plantacions is directed to be according to the Laws Customs and practice of England which here is not provided for but left to other Laws and methods of proceedings which were very Grevious and oppressive in their late Government.

The power of the militia is by Act of Parliament declared to be in his Majestie. And all Officers are appointed by him or the Lieutennancy and by the Governor in all other Plantacions and not any where given to the People or officers Chosen by them nor does the power of makeing or demolishing Fortificacions and makeing peace or War belong to any but the King only and ought not att such a distance be trusted with any but his Governor Especially in New England where their Dependence on the Crown is thought rather an Imposicion and prejudice then a duty Incumbent and is more then was granted in the former Charter.

All offenders of this nature to be proceeded against according to the Laws of the land.

Noe power of Admiralty was contained in the former Charter. And in all other Plantacions the Governors are Commissionated by his Majestie to be Vice Admiralls within their severall precincts.

There is very little Fish taken upon the Coast of this Colony. The most Considerable fishery being at the Isles of Shoales and along the Coast of the Province of Main and Pemyquid and by several ketches belonging to Salem that went in peaceable times to Cape Sables for their fish, and all those parts Except the Isles of Shoales are since the Revolution of the Government over runn and destroyed by the Indians and French and the Fishery wholy lost, and cannot be restored but by reduceing and settling those parts againe under his Majestie which the Company is Supposed to have neither capacity or ability to doe their late Attempts and miscarriages haveing much weakened and Impoverish them.

The Coporation never had any Right or tide to this Colony by their former Charter though have parcelled out great part thereof to severall of his Majestyies subjects who have settled and improved the same and for what remaines vacant and unpossessed, the Patentees in whom the estate was supposed to be by the grant being all dead and noe heir of the survivor to Cleyme the same it Reverts again to his Majestie. And there can be noe reason that the estates of soe many of his Majesties Subjects, and the vacant Lands belonging to the Crown which may bring in a Considerable Quirt rent as in the other plantacions should now be granted to a few perticuler persons which can in noe wise Ease or Serve either his Majestie of his Subjects.

And to passe a grant according to those Generall bounds as from the Westerne Sea to the South Sea is to Include the Severall Provinces of Newyork Pensilvania Maryland and Verginia and great part of the Spanish Indies.

If the right to the Province of Main by vertue of the said Purchase were in the said Corporacion the body politique being dissolved by the vacateing of their Charter the Right thereto is revolved to his Majestie. And being a very considerable and large Province lyeing remote from the Massachusetts may not be thought adviseable to grant the same to the Company or putt it under their Government, the Settlement whereof otherwise may be many wayes more advantageous to his Majestie it being a fertile country produceing Fish, Corn, Cattle, Ship timber masts and other Lumber and Provisions.

The Isles of Capawocke and Nautican were also mencioned to be granted always have been and now are part of the Govenment of New York.

The Crown asserting the right of soil will much Strengthen and Confirme the power of government especially in those parts where the Same is much doubted and questioned upon these pretences. That the Soil is the peoples by purchase from the Natives, and that haveing settled and subdued the same by their own Industry and Charge they have an absolute and Independent right and power of government in themselves, which they have hitherto and doe now by their practice Endeavour to maintain.

The Quarter of wheat to be paid yearly was not in the former Charter and noe such thing as Gold Silver or precious Stones have yett been found in the Country. A very inconsiderable Acknowledgement for so great a country as that and the neighbouring parts are, which if settled and Governed by his Majestie like to other his Plantacions might bring a very considerable revenue and advantage to the Crown.

These Royaltys were not granted by the former Charter and to be granted by the Crown to perticuler persons or bodys politique where they are under the reach and regulacion of a Superior power or the Generall Laws of the Nation to keep them within due bounds may not be inconvenient. But in those parts their is nothing Superiour to the Company. The Ministers of all Courts are their officers and Chosen and appointed by them and to inrich themselves may impose excessive tolls and heavy fines and become very Grevious to the Subjects who for that or any other Injury or abuse done by the Corporacion are wholy left without any Remedy or meanes for Redresse for into those Countrys its said the Judiciall Writts of the King’s Courts att Westminster doe not runn and in their own Courts noe accion will be admitted against them.

None of these Powers were conteined in the former Charter but this seems to be the first and only corporacion directed to be divided into Countyes etc. and is the only one beyond the Seas to whom such large powers are granted without being accountable to the Crown for their accions as there is hardly a possibility of makeing this to be without the great trouble and Expence of sending an armed force to Command them.

The troubles the Crown has had with them dureing the time of their former Charter might be sufficient warning to avoid the like Inconveniencys for the future which nothing but Keeping the Government of those Countrys in the King’s hands as other the Plantacions are cann Effect.

The only Charter of this nature remaineing is that for Maryland now thought Inconsistant with their Majesties Interest and the Welfare of their subjects any longer to Suffer the Exercise of the Government thereby. And a Commission is passeing the Great Seale for a Governor to goe thither.

And if not proper for the Crown to dispense with the libertys heretofore granted to the Proprietor of that Country may be as Improper and unfitt to grant the like to the people of New England.

The Confirmacion of all Grants by the Generall Court under the late Charter according to the purport of them cann be of little or no service to the subject for they are wholy inconsistant with the directions of the charter and cannot be Construed to Convey any greater Estate then for life, and those defects may better be supplyed by some proper act of Settlement as was done in Ireland and some of the Plantacions.

Draft Clauses For Massachusetts Charter n.d. [c. 25 June] 1691 [C]

P.R.O., C.O. 5:856, 576–577. C.S.P.C. #1573. In Blathwayt’s hand.

Begins: “As also to Summon and Call Generall Assembly of the Inhabitants being freeholders. . .” in manner and form as in other plantations. The persons elected and returned by the major part of the freeholders in the respective counties and places, having taken appropriate oaths as here detailed shall be called and held the General Assembly. The governor or in his absence the deputy governor with the Assembly’s consent shall have full power and authority to make constitute and order laws provided they agree with those of England “and that they be within three months or sooner after the making the same” transmitted to England. Disallowance of Laws can be signified either under our Sign Manual and signet or by order of Privy Council or by the Governor. “We do further for us our Heirs and successors Declare and Grant unto them, that Liberty and Conscience in matters of Religion shall be allowed to all Persons at any time Inhabiting within our said Colony.”

Mather Diary, 30 June 1691

M.H.S., “Diary 1691,” 23.

A.M. At Court of Requests with Sir H[enry] A[shurst] about New England. P.M. At St. James and Whitehall about New England.

Journal of L.T.P., 2 July 1691

P.R.O., C.O. 391:7, 30–31. Entered C.O. 5:905, 273–274. C.S.P.C. #1606.

The draught of a Charter for the Massachusetts Bay in New England being presented to the Committee by Mr. Attorney Generall, the same being read, their Lordships agree upon the following Minutes for a Charter for that Colony

1. 1. That there be a Governor and Lieutenant or Deputy Governor appointed by the King during Pleasure.
2. 2 The Lieutenant or Deputy Governor upon the Death or Absence of the Governor from the Government to have the same Power.
3. 3. That there be a Generall Court or Assembly to be Chosen by the Freeholders of the Colony.
4. 4. That the Assistants or Councill be chosen by the Generall Court or Assembly annually with the Approbacion of the Governor or Deputy Governor and not to be displaced during the Year without the Governors Consent.
5. 5. That the Generall Court do meet once a Year or oftner to be Convened, Adjourned, Prorogued and dissolved by the Governor or Deputy Governor.
6. 6. The Governor or Deputy Governor to appoint the Judges, Sheriffs and Justices of the Peace with the Advice and Consent of the Assistants.
7. 7. The Members of the Assembly, Assistants, Judges etc. to take the Oaths and the Test.
8. 8. The word Freeman to be everywhere changed into Freeholders.
9. 9. Upon the Death or Absence from the Government of the Deputy Governor, the first assistant to preside in the Government till their Majesties Pleasure be known.
10. 10. No Proxies to be allowed of in Ellections.

Increase Mather to [John Richards], 4 July 1691

M.H.S., Winthrop Papers. Dated at London.

Mather Diary, 7 July 1691

M.H.S, “Diary 1691,” 24.

A.M. At Whitehall, [illegible] letter from the Council to the earle of Nottingham. I then intimated how injurious it would be to New England and to the Kings interests if Mr. B’s objections against the charter should be complyed with. P.M. Read my son Cottons life of Mr. Eliot.623

Journal of L.T.P., 9 July 1691

P.R.O., C.O. 391:7, 32–33. Entered C.O. 5:905, 274–275. C.S.P.C. #1631.

Upon the farther Consideracion of a Charter for the Massachusetts Bay in New England Their Lordships Agree upon the following Minutes,

The Generall Court or Assembly to have Power to Erect and Constitute Judicatures or Courts of Justice.

Probate of Wills and Administracion to be in the Governor and Councill or Assistants.

Upon Appealls, the Security to be equall in value to the Matter in difference.

Laws to be Transmitted by the first Oppertunity after their being made.

The time of the Kings confirmation not to be determined by a Year.

Officers of all sorts Except Judges, Justices of the Peace Sheriffs and officers more Especially relating to the Person of the Governor and Councill to be chosen by the Generall Court.

The Governor to have a Negative voice in the passing of Laws and all other Acts of Government of the Generall Court and Assistants

The power of the Militia to be in the Governor Except the Transporting of the Inhabitants [out] of the Colony which is not to be without their owne consent and of the Generall Court and Martiall Law, not to be Executed without the Consent of the Assistants upon the Inhabitants of the Colony.

All Admiralty rights to be in the Government by Commission from the Lord high Admirall of the Plantacions.

Fairs and Marketts to be appointed by the Generall Court or Assembly.

Liberty of Conscience to be Granted to all Christians Except Papists.

The Agents to name a time of the year within which the Governor shall be Obliged to call an Assembly.

If the Governor do not call an Assembly within that time, the Deputy Governor may call an Assembly.

Upon his refusing or neglecting to do it within a Month, the assistants may Convene the Assembly.

Minute of L.T.P., 9 July 1691 [C]

P.R.O., C.O. 5:856, 592–593. C.S.P.C. #1632.

Order to messenger to summon Samuel Allen, Mr Gorges, and such others as are concerned to a meeting of L.T.P. on 13 July 1691 at 5 p.m.

Ferdinando Gorges to Queen and Council, n.d. [c. 9 July] 1691 [C]

P.R.O., C.O. 5:856, 94. C.S.P.C. #1633.

To Queen and Privy Council. “The Case and Peticion of Ferdinando Gorges Esq.” Gorges cites Charles I’s grant of the proprietary province of Maine of 3 April in 15th year of his reign to Sir Ferdinando. This descended to his grandson, the petitioner. His governor was opposed by the “Bostoners or Colony of Massachusetts” who by “pretending a Right, and laying a Claim to the Cheif part of the said Province” caused many expensive legal battles in England. These eventually led to the petitioner selling his province “for an inconsiderable summe” to John Usher who sold it to the “Colony of the Massachusetts”. Soon after this a Quo Warranto was issued against Massachusetts and its charter voided. The premises considered and the opinion of eminent lawyers being that on the Massachusetts Charter’s dissolution the Province returned to him and not either to Usher or any other. Petitioner understands Maine is inserted in new Massachusetts Charter. He prays “his Inheritance may not be given away unto the Bostoners or Massachuset Colony, but that he may be permitted to maintaine his Right at Law (if Questioned) he haveing sent persons to take possessions thereof, or (which he rather desires) That her Majestie and this Honourable Board will Condescend to hear his Case. . . .”

Journal of L.T.P., 17 July 1691

P.R.O., C.O. 391:7, 34–35 Entered C.O. 5:905, 276. C.S.P.C. #1650.

. . . .

Their Lordships entering upon the further Consideracion of the Draught of a Charter for the Massachusetts Bay Agree upon the Minutes following.

The Agents to Name Persons not exceeding one hundred being Freemen who are not Freeholders yet may have voices in Election of Assembly Men.

The Generall Court to meet the last Wednesday in May or oftner but the power of Convening, Adjourning, Proroguing and Dissolving to remain in the Governor.

The Secretary to be Nominated by the King and upon a Vacancy the Governor to Appoint One untill the Kings Pleasure be known.

Whereupon the Lords of the Committee desire Mr Attorney Generall to adjust the Draught of a New Charter according to the Minutes of the Committee and to Satisfy the Agents of New England of the fittness and reasonableness of them and if they do not Acquiesce therein. Their Lordships will report to the Councill their Opinion, that the Severall Minutes be Transmitted with the Proposalls and Objections of the Agents in Order to receive his Majestys further directions.

Mather Diary, 17 July 1691

M.H.S, “Diary 1691,” 25.

This day I advised dr. Cooke to attend the Committee of Lords who were to meet about the New England affair. I told him if I were capable of being there in respect of my Health I would be there. The Lords might [illegible] some questions, which [illegible] be prejudice[al], if some one were there that could Answer them. Yet Hee declined coming therein.

Sir Henry Ashurst to William Blathwayt, 18 July 1691

Colonial Williamsburg, Blathwayt Papers, XDC, folder 2, Dated at “St Johnes.”

Mather Diary, 23 July 1691

M.H.S, “Diary 1691,” 25.

A.M. with dr. Bates, mr. Heeth [?] etc. Dined with Sir H[enry] A[shurst] and Sir W[illia]m P[hips] at the Swan Tavern. P.M. discourse with them and with Agents about New England, (advised dr. Cook to [illegible] which Hee did own)

Journal of L.T.P., 24 July 1691

P.R.O., C.O. 391:7, 35. C.S.P.C. #1658.

. . . .

Mr Attorney Generall presents his report upon the Abstract of the Minutes for the Charter of the Massachusetts Bay.

Mather Diary, 24 July 1691

M.H.S, “Diary 1691,” 25.

A.M. With the Attorney general about New England. Told him I would part with my life sooner than consent to mr. B’s minutes which were fatal to the Life of New England, dined at Pontacks with mr. Charleton,624 Sir H[enry] Ashurst. P.M. discourse with several. At Booksellers shops.

Report of Attorney General on Charter Minutes and Agents’ Objections, 29 July 1691

P.R.O., C.O. 5:856, 596–597. C.S.P.C. #1669.

Abstract of the Minutes for the Charter of the Massachusetts Colony directed at the Committee of Plantacions with the Report of Mr. Attorney General [In margin:] Report.

That there be a Governor and Lieutenant or Deputy Governour appointed by Their Majesties during Pleasure. [In margin:] Accepted of by the Agents of the Massachusetts Colony.

That there be a Generall Court or Assembly to be chosen by the freeholders of 40£625 per annum and other Inhabitants worth £⁵⁰₁₀₀ each in Money to meet Every Year the last Wednesday in May and oftner if the Governor shall think fitt, who may Convene, Prorogue and dissolve them. [In margin:] Accepted of by the Agents.

The Generall Court or Assembly to have power to Erect and Constitute Courts of Justice. [In margin:] Accepted of.

Officers of all Sorts Except Judges, Justices of the Peace, Sheriffs, the Secretary and officers more Especially relating to the Person of the Governor and the Councill to be chosen by the Generall Court. [In margin:] Accepted of, they would have Judges Justices of Peace and sheriffs too.

Laws to be Transmitted by the first Opportunity [In margin:] Accepted of.

The time of the Kings confirmacion to be Indeffinite. [In margin:] Not accepted of.

The power of the Militia to be in the Governor except the Transporting of the Inhabitants out of the Colony which is not to be without their own consent or Consent of the Generall Court, and Martiall Law, not to be Executed without the Consent of the Assistants upon the Inhabitants of the Colony, [In margin:] Accepted of.

All Admirall Rights to be in the Governour by Commission from the Lord high Admirall of the Plantacions. [In margin:] Accepted of.

Probate of Wills and granting Administracion to be in the Governor and Councill or Assistants and such as shall be Commissionated by them. [In margin:] Accepted of.

Appeals to be allowed. [In margin:] Accepted of.

Liberty of Conscience to be Granted to all Christians Except Papists. [In margin:] Accepted of.

The Governor to appoint the Judges, Sheriffs and Justices of the Peace, with the advice and Consent of the Councill or assistants. [In margin:] Not accepted of.

That the assistants or Councill be Chosen by the Generall Court or assembly with the approbation of the Governor. [In margin:] Not accepted of.

The Governor to have a Negative voice in the passing of Laws and all other Acts of the Government of the Generall Court. [In margin:] Not accepted of in the Election of officers.

Geo Treby.

Samuel Allen to L.T.P., n.d. [c. 29 July] 1691 [C]

P.R.O., C.O. 5:924, 17–18. C.S.P.C. #1668. Endorsed as read 29 July 1691.

The L.T.P. were pleased to hear the pretensions of Massachusetts and of Samuel Allen to the Province of New Hampshire on 13 July 1691. He asks that Massachusetts’ boundaries should end at the Merrimack River and not three miles north of it. He “humbly Implores your Lordships would be pleased to Mediate with Their Majesties that the whole Province of Newhampshire which lyes between the Rivers Naumkeck alias Bass and Merrimack, thence to Piscattoway River, may be Governed by a Governour distinct from that of the Massachusetes, Subject neverthelesse to Their Majesties Generall Governour of New-England, as is practised in the Leeward-Islands, whereby that Province may be Protected from the Animosities and Oppressions” of Massachusetts and that the government of New Hampshire may be conferred on him.

Journal of L.T.P., 29 July 1691

P.R.O., C.O. 391:7, 37–39. C.S.P.C. #1665. C.O. 5:856, 598–599, entered C.O. 5:905, 277–278. There is also a memorandum of the same for the Queen in Council, C.S.P.C. #1670.

Their Lordshipps taking into Consideration the Charter for the Massachusetts Bay Agree that it be provided.

That the Kings Disallowance of the Laws be Signified in three years after their having been presented in Councill.

The Report of Mr Attorney Generall upon the Abstract of the Minutes for the Charter is read Whereupon Their Lordshipps desire my Lord President to represent to her Majesty in Councill that the Committee have severall times mett in Pursuance of his Majesty’s order of the 30th of Aprill last for the preparing a Charter for the Massachusetts Colony in New England with Powers of Government such as his Majesty was therein pleased to direct and that having been divers times attended by the Agents of that Colony their Lordships had agreed upon Severall Minutes for such a Charter which having been referred to Mr Attorney Generall to Satisfy the Agents of the reasonableness of them, Mr Attorney had discoursed with them and thereupon had Represented Severall Powers that were thought necessary for his Majestys Governor in the said Charter which the Agents did refuse to accept of Vizt.

[Minute] First Agreed by the Committee their officers of all sorts Except Judges, Justices of the Peace, Sheriffs and officers more Especialy relating to the Person of the Governor and to the Councill, be chosen by the Generall Assembly.

[Objection] Against which the Agents insist that the Judges, Justices of the Peace and Sheriffs be Chosen by the Generall Assembly as well as other officers of all sorts, and not by the Governor with the Advice and Consent of the assistants or Councill, as the Committee have thought requisite.

[Minute] Secondly, Agreed by the Committee that the Assistants or Councill of State be chosen by the Generall Assembly with the approbacion of the Governor.

[Objection] Against which the Agents do Insist that the Generall Assembly Chosen by the People to Elect those Assistants or Councillors without the Approbacion of the Governor to whome they are not willing to allow a Negative voice Except in the passing of Laws only and not in the Election of Assistants or Councillors or any other officers whatsoever.

Which Objections being Insisted on by the Agents the Committee have not thought fitt to proceed on the said Charter without receiving Their Majesties Determinacions in Order whereunto their Lordshipps humbly offer that his Majesty haveing directed in Councill the Preparing the said Charter with suitable Powers for a Governor the aforesaid Minutes and Objections may be represented to his Majesty by the Earl of Nottingham, That his Majesty’s further Pleasure may be known therein unless his Majesty shall otherwise determine.

. . . .

The Memoriall of Mr Samuel Allen read Praying that by Commission from their Majesties he may be appointed to be Governor and Mr John Usher to be Deputy Governor of New Hampshire whereof he is Proprietor. Whereupon Their Lordships order a Copy of Mr Allen’s Memoriall to be sent to the New England Agents with notice to prepare themselves to be heard before the Committee as to the propriety of the Province.

Order in Council, 30 July 1691. [C]

P.R.O., C.O. 5:905, 279–281. C.S.P.C. #1675.

Report of L.T.P. read concerning charter and Agents objections and seeking further orders. “It was thereupon Ordered by her Majesty in Councill, That the said Report Containing the Minutes of the Committee of Plantacions and the Objections of the Agents of the Massachusetts Colony be sent to the Right Honourable the Earle of Nottingham, Their Majestys Principall Secretary of State, who is to Represent the same to his Majesty by the first Conveyance, in Order to receive his Majesties further directions and Determination.”

Ferdinando Gorges to L.T.P., n.d. [c. 30 July] 1691 [C]

P.R.O., C.O. 5:856, 604–605. C.S.P.C. #1677.

Petitioner repeats his territorial claims and asks that before any new charter be granted for Massachusetts he may be represented before the L.T.P. and also allowed “to make out his Title to that part of the Colony of the Massachusetts Granted by the Councel of Plymouth, to your Petitioner’s uncle Robert Gorges, containing ten miles in front of the Bay of the Massachusets, and thirty miles deep into the Main Land. . . .”

Richard Lord Gorges to Queen and Minute of Order in Council, n.d. and 30 July 1691. [C]

P.R.O., C.O. 5:856, 602–603 and 600–601. Entered C.O. 5:905, 290–292. C.S.P.C. #1676.

“Humble Petition of Richard Lord Gorges Baron of Dundalk in the Kingdom of Ireland.” Council of New England at Plymouth granted and conveyed lands in New England to petitioner’s father Edward Lord Gorges. Prays that these lands should not be granted in prejudice to his title to the same. “A true Copy [signed] William Blathwayt.” A minute signed by William Blathwayt refers this petition to L.T.P.

Nottingham to William III, 31 July 1691.

Leicestershire County Record Office, Finch Papers. Calendared H.M.C. Finch, III, 187–188. Dated at Whitehall.

I presume to give your Majesty some account of a paper relating to the Charter of New England which my Lord Sydney will lay before your Majesty but before I do so I can assure your Majesty that the Committee has made all the Condescensions to that people which could possibly consist with your Sovereignty over them, and their Agents here have agreed to every article framed by the Committee except onely two, in which perhaps your Majesty may think we have already gone too farr though they insist on more.

For the Committee has left to their Generall Assembly the Choice of all Officers except Judges Justices of the peace and sheriffs. And the Assembly is likewise to choose the Assistants or Councill of State But with the Approbation of the Governour that is of your Majesty. But the Agents desire that all may be left to the Assembly without allowing to your Majesty a negative voice herein.

If your Majesty grants the first, you give up entirely the administration of Justice; and the last admitts them almost to a copartnership in the Government and the plain consequence of both is that there will remain very little dependance on your Majesty since Rewards and Punishments will be put into their own hands. What the Committee has proposed is more then any of the Plantations or of your Kingdoms yet pretend to, and the Precedent of a larger Concession from your Majesty may encourage others perhaps at home in a short time to make as bold demands, if they can be so easily obtaind for asking.

I assure your Majesty here is no dispute in this matter between Partys unless it be between them who would support your Royal just Authority and those who by little and little would leave you none.

I humbly submit all this to your Majesties Considerations as in Duty becomes your Majesties Most obedient and faithfull Subject

Sydney to Nottingham, 10 August 1691.

Leicestershire County Record Office, Finch Papers. Calendared H.M.C. Finch, III, 199. Dated At Court.

. . . I have received your Lordships of July the 31th and have showed it the King, and the inclosed order upon the Report of the Committee of Plantations touching the Minnetes for a Charter for the Massachusetts Colony where in his Majesty’s pleasure is desired; I am now commanded by the King to let your Lordship know that he doth approve of what the Committee hath done in that matter, and can by no means admitt of the Objections of the Agents of the said Collony, and therefore would have your Lordship proceed accordingly

Nottingham to Sydney, 11 August 1691.

Leicestershire County, Record Office, Finch Papers. Calendared H.M.C Finch, III, 201–202. Dated at Whitehall.

. . . In my letter of the 31th of July I sent your Lordship by order of Councill some papers relating to the Charter of New England and the Exceptions made to the resolutions of the Committee by the Agents of that Colony. I must now desire your Lordship to acquaint the King that they are willing to accept their Charter upon the Termes agreed on by the Committee and will no longer Insist upon the Alterations mentioned in those papers so that if his Majesty pleases the Charter may be dispatcht.

Mather Diary, 19 August 1691

M.H.S, “Diary 1691,” 28.

Humble Requests to God in Jesus Christ.

1. 1. That more of his Spirit may be given to me.
2. 2. His presence with me in my ministry, in my solicitations for New England.
3. 3. What to do as to that countrey submitting unto, or opposing such a settlement for as is insisted on by the Lords of the Committee etc.
4. 4. Guidance as to my returning to New England. The Time and the vessel wherein etc.
5. 5. Mercy for these nations and for New England.
6. 6. Protect my poor Family, send me good tidings from them. Bless all my children. Amen oh my God, and my Lord! Amen and Amen!

Journal of L.T.P., 20 August 1691

P.R.O., C.O. 391:7, 40–41. Entered C.O. 5:905, 293. C.S.P.C. #1706.

The Earl of Nottingham acquaints the Committee from his Majesty that his Majesty approves of the Minutes of the Committee Concerning the Charter of the Massachusetts Bay in New England. His Lordship further Acquaints the Committee that Sir William Phips had been with him to lett him know that the New England Agents did acquiesce therein.

Their Lordships do further agree that by the Charter it may be Provided that all publick Money shall be raised by the Assembly to be disposed of by the Governor and Assistants for the use of the Government as in other Plantacions.

The Deputy Lieutenant or Governor during the Residency of the Governor within that Colony to have first place in the Councill and at all times to have a vote there and in the Assembly as the Assistants.

The [Western]626 Limitts627 of the Massachusetts Colony to be Limitted by the Province of New York.

Sydney to Nottingham, 20 August 1691.

Leicestershire County Record Office, Finch Papers. Calendared H.M.C. Finch, III, 220. Dated at St. Gerrard.

. . . .

I have not much to say to your Lordship from the King he bids me tell you that he is very glad to hear that the Agents of New England are willing to accept their Charter upon the Termes agreed on by the Committee, and would have it dispatched as soon as it can be conveniently.

Order of L.T.P., n.d. [c. 20 August] 1691. [C]

P.R.O., C.O. 5:924, 19. C.S.P.C. #1705.

Draft order for notice to be given to New England Agents and Sir William Phips to attend meeting of L.T.P. on Thursday, 20 August at 5 p.m.

William Blathwayt to Attorney General, n.d. [c. 23 August 1691] [C]

P.R.O., C.O. 5:856, 609. C.S.P.C. #1710.

L.T.P. have now received King’s approbation of the minutes of the Massachusetts Charter. If you cannot come please send Mr. Guyllym628 immediately in order to settle a draft fit to pass the Great Seal. His Majesty wants it dispatched with all possible expedition.

S. Guillym to William Blathwayt, 23 August 1691 [C]

P.R.O., C.O. 5:856, 610. C.S.P.C. #1711. Dated at Tunbridge Wells.

Discusses clerical arrangements for completing the Charter.

Massachusetts Agents to L.T.P., 27 August 1691

P.R.O., C.O. 5:856, 612. Entered C.O. 5:905, 293–295. C.S.P.C. #1724. Endorsed as read 2 September. The original is damaged and the text is corrected from the entry copy.

To the Right Honourable the Lords of the Committee of Forreigne Plantations.

The Humble Peticion of the Agents for the Massachusetts Colony, in New England.

Sheweth.

That whereas their Majesties Royall Charter to the said Colony, is suddenly to pass the seales;

Your Lordships Peticioners humbly pray, That all that Tract of Land, commonly called Nova Scotia, or Acady, both as to Government and Soyle, may be united and annexed to the said Colony of Massachusetts, as alsoe that the Government and Soyle of the Province of Maine, may bee Annexed unto the said Colony And likewise that the Province of Hampshire, as to the Government thereof, may bee united and Annexed to the said Massachusetts, and that the Property and the Lands disposed of by former Generall Courts, or Assemblys, may bee thereby confirmed, and that a clause may bee inserted to oblige the Governour, from time to time, to give sufficient notice to the Assistants or Councillors, of the time when and where a Councill may be or shall be held; and that the Councill may not proceed to the Election of any Officer whatsoever, unless Eleaven at least of the Assistants be present at such Elections, and that seaven at least may allwayes be the Coram and that all Civill Officers whatsoever, may be chosen by the Generall Assembly, or by the Governor and Assistants, and that the first Assistants may continue, untill the last Wednesday in May, which shall be in the year of our Lord Christ 1693, and that the Generall Assembly may have power, from time to time, to constitute, and appoynt, one or more Agents, to represent their case, and interest to their Majesties, their Heires and successors, as well against the Governor as otherwise, and to appear and act for them, in, and before all Courts and Judicatures whatsoever; and that the expence and Charges of such Agency, may be defrayed, either by money raised by act of the Assembly, or by Publique contribution; And Likewise that a clause may be inserted, that the Passing of such Charter, or any thing therein expressed or Sygnified; may not in any way deprive the People of the said Colony, or any of them, of any Property, Rights, Libertyes, Privelledges, Immunityes or Advantages belonging to them or any of them.

And your Petitioners as in Duty bound shall ever pray etc.

Thursday 27 August 1691 Increase Mather

By order from Sir Henry Ashurst Bart

William Paterson

Journal of L.T.P., 31 August 1691

P.R.O., C.O. 391:7, 28. C.S.P.C. #1719.

The Peticion of the Lord Gorges referred to the Committee by her Majestys Order in Councill of the 30th of July last read Concerning his Lordships Tide to the Country of the Massachusetts Bay and other Territories in New England and his Lordship and the New England Agents Attending are Called in and heard by their Councill Learned. Whereupon the Committee not seeing Cause for any Orders to be given in this Matter, the Lord Gorges is left to take his remedy at Law concerning the Same.

Samuel Allen to L.T.P., n.d. [c. late August] 1691 [C]

P.R.O., C.O. 5:924, 20–21, C.S.P.C. #1729. Endorsed as read 2 September 1691.

Humble Petition of Samuel Allen to L.T.P. He had attended L.T.P. on every occasion when his New Hampshire claim was heard and in particular last Monday and today. But on three occasions the New England Agents have not come on the excuse of having no Counsel. He suggests that L.T.P. might direct Agents to pay the costs he has incurred in these matters or that they should be given firm orders to attend at the next date.

Journal of L.T.P., 2 September 1691

P.R.O., C.O. 391:7, 42–43 Entered C.O. 5:905, 295. C.S.P.C. #1731

. . . .

Sir William Phipps attending is called in and Ordered to present to the Committee some Proposalls in Writing Concerning Ship Timber, Masts and Naval Stores that may be had in New-England.

Their Lordships Entring upon the further Consideration of the Charter of the Massachusetts Bay agree upon the following Minutes.

To Confirm all former Grants of Land made by the Generall Courts and the Property of Lands wherein any of the Inhabitants of New England are Legally Vested.

Upon any Meeting of the Councill all the Councillors are to have due Notice.

One third part of the Councill to be a Quorum and the rest to be Concluded by the Majority of those that are present being a Quorum.

The Councillors or Assistants Appointed by the Charter to continue till the Last Wednesday in May 1693.

Sir William Phips to L.T.P., n.d. [c. 2 September] 1691 [C]

P.R.O., C.O. 5:856, 613–614. C.S.P.C. #1725. Endorsed (in a later hand) 2 Sept. 1691.

Phips states that in Piscataqua and Nova Scotia there are vast quantities of timber for masts and naval stores; also for pitch and tar. He asks for sufficient orders and instructions “to prevent the wasting of Mast Trees, by Saw Mills, or otherwise, and to improve the before mentioned, to their Majesties Advantage.”

Journal of L.T.P., 3 September 1691

P.R.O., C.O. 391:7, 43–44. Entered in part C.O. 5:905, 295. C.S.P.C. #1731.

Their Lordships taking into Consideration the draught of the Charter for the Province of the Massachusetts Bay, Agree upon the following Minutes.

That there be reserved to Their Majesties for the furnishing Masts for the Navy all Trees of the Diameter of Twenty four Inches and upwards at Twelve inches from the Ground growing upon any Lands within that Province not granted to other Person.

No Person to Cutt any such Trees without Their Majesties Licence under the Penalty of one hundred pounds for every Tree.

No grant to be made without Their Majesties Approbacon of Lands lying from the Rivers of Sagadahock to the Gulf of St Lawrence and Canada River and to the Main Sea Northward and Eastward.

The Colony of New Plimouth to be Annexed to the Province of the Massachusetts Bay.

Mr. Allen and the New England Agents attending are called in and heard by their Councill Learned as to the Propriety of the Province of New hampshire and the Boundaries of that Province.

Mr Allen’s Petition is read claiming the Propriety of the Province of New hampshire and part of the Province of Main, by Purchase from the heires of Captain John Mason and Praying a Commission for the Government of it. After which the answer of the Agents of New England to Mr Aliens Peticion is read, and severall Depositions produced by the Agents and by the Petitioner as to the Propriety of the Province of New hampshire are also received together with the Report of the Lord Cheif Justice [Raynsford], and Lord Cheif Justice North in the Year 1677.629

Second Draft Massachusetts Charter, 6 September 1691

C.O. 5:856, 622–660. C.S.P.C. #1737. Part of preamble relating to the charter of 1629 is omitted. Marginal notes are also omitted.

Mr Attorneys Draught for a Charter for the Massachusetts Bay

. . . . And we do by these presents for us our heires and successors will and ordain that the territories and colonies commonly called or known by the name of the Colony of the Massachusetts Bay and Colony of New Plymouth in New-England be united, erected and incorporated, and we do by these presents unite, erect and incorporate the same into one Reall Province by the name and tide of the Province of the Massachusetts Bay in New England. And we do further for us our heires and successors will establish and ordain that from henceforth for ever there shall be one Governor and one lieutenant or Deputy Governor and one Secretary of our said province to be from time to time appointed and commissionated by us our heires and successors and [blank] assistants or councillors to be advising or assisting to the Governor of our said province or colony for the time being as by these presents is hereafter directed and appointed which said councillors and assistants are to be Constituted Elected and chosen in such form and manner hereafter in these presents is expressed.

And for the better Execution of Our Royall Pleasure and Grant in this behalfe, we do by these presents for us our heires and successors Nominate, Ordain Make and Constitute our Trusty and Wellbeloved [blank] The first and present Councillors or assistants of our said Province to continue in their said Respective offices or Trusts of councillors or assistants untill the last week Wednesday in May which shall be in the year of our Lord 1693 and untill other Councillors or assistants shall be chosen in their stead in such Manner as in these presents is Expressed. And we do further by these presents Constitute and appoint our Trusty and Welbeloved [blank] to be our first and present Secretary of our said Province during our Pleasure.

And our will and pleasure is that the Governor of our said Province for the time being shall have authority from time to time at his discretion to assemble and Call together Our Councillors or assistants of Our said Province for the time being Causing a due notice to [be] given to Every One of the said assistants or Councillors which shall be then Resident within our said province of such meeting or assembly. And that our said Governor for the time being with the said Assistants or Councillors or seven of them at the least shall and may from time to time hold and keep a council by the Majority of them such Councillors as shall be present for the ordering and directing the affairs of our said province.

And further we Will and by these presents for us our heires and successors do Ordain and Grant that there shall and may be Convened, held and kept by the Governor for the time being upon every last Wednesday in the month of May every year for ever and at all such other times as the Governor of our said Province for the time being shall think fitt and appoint a Great and Generall Court or Assembly which said Great and Generall Court or Assembly shall Consist of our Governor and of our Councillors or Assistants for the time being or of one third part of them at least and of such Freeholders of Our said Province or Colony as shall be from time to time Elected or Deputed by the Major part of the Freeholders and other Inhabitants of the respective Towns or places who shall be present at such elections, Each of the said Towns and Places being hereby Impowered to Elect and Depute Two Persons and no more to serve for and Represent them respectively in the said Great and Generall Court or Assembly at the first meeting of the said Great and Generall Court or Assembly and from thenceforward at every other Great and Generall Court and Assembly untill it shall be otherwise directed ordained and appointed by any Great and Generall Court or Assembly, To which Great and Generall Court or Assembly to be held as aforesaid, We do hereby for us our heires and Successors Give and Grant full power and authority from time to time to direct appoint and Declare what number each County, Town and Place shall Elect and Depute to Serve for and represent them respectively in the said Great and Generall court or assembly, Provided alwaies that no Freeholders or Persons shall have a vote in the Election of Members to serve in any Great and Generall Court or assembly to be held as aforesaid, who, at the time of such Election shall not have an Estate of freehold, in land or within our said Province to the value of 40 sh[illings] per annum at the least or other Estate to the value of £50 Sterling. And that every person who shall be so Elected shall before he sitt or act in the said Great and Generall Court or Assembly take the oaths mentioned in an Act of Parliament made in the first year of Our Reigne Entituled an Act for the Abrogating the oaths of allegiance and Supremacy and appointing other oaths, and thereby appointed to be taken instead of the Oaths of Allegiance and Supremacy and shall make Repeat and Subscribe the Declaration mentioned in the said act before the Governor or Lieutenant or deputy governor or any Two of the assistants for the time being who shall be thereunto authorised and appointed by our said Governor.

And that our Governor for the time being shall have full power and authority from time to time as he shall Judge necessary to Adjourn, Prorogue and Dissolve all Great and Generall Courts or assemblies met and Convened as aforesaid.

And our will and pleasure is we do hereby for us our heires and Successors Grant Establish and Ordain that yearly once in every year for ever here after the aforesaid Number of Eight and twenty Councillors or assistants shall be by the Generall court or assembly newly Chosen, that is to say Eighteen at the least of the Inhabitants of the Territory or Tract of Land formerly Called the Colony of the Massachusetts Bay And four at the least of the Inhabitants of the Territory or Tract of Land formerly called New Plymouth, and three B [sic]

And that the said Councillors or assistants or any of them shall or may at any time here after be removed or displaced from their respective Places or Trusts of Councillors or assistants by any Great or Generall Court or assembly. And that if any of our said Councillors or assistants shall happen to dye or be removed as aforesaid before the Generall day of Election then and in every such case the Great and Generall Court or Assembly at their first Sitting may proceed to a new Election of one of more Councillors or assistants in the Roome or Place of such Councillors or assistants so dying or removed.

And we do further Grant and ordain that it shall and may be Lawfull for our said Governor with the Advice and Consent of the Councill or assistants from time to time to Nominate and Appoint Judges, Commissioners of Oyer and Terminer, Sheriffs, Provost Marshalls, Justices of the Peace and other officers to our Council and Courts of Justice belonging. Provided alwaies, and our Will and Pleasure is that the Governor and Lieutenant or Deputy Governor and Councillors or assistants for the time being and all other Officers to be appointed or Chosen as aforesaid shall before they undertake the Execution of their said Offices and Places respectively take their severall and respective Corporall Oaths for the Due and faithfull performance of Their Duties in their Several and Respective Offices and Places, as also the Oaths appointed by the said Act of Parliament made in the first year of Our Reign to be taken instead of the Oaths of Allegiance and Supremacy and shall make Repeat and Subscribe the Declaration mentioned in the said act before such Person or persons as are by these presents hereinafter appointed (that is to say) Our Governor of our said Province or Colony for the time being shall take the said Oaths and make and Subscribe the said Declaration before our Lieutenant or Deputy Governor, or in his absence before any two or More of the said Persons hereby Nominated and Appointed the present Councillors or assistants of Our said Province or Colony to whome we do by these presents give full power and authority to give and administer the same to Our said Governor accordingly and after our said governor shall be Sworn and shall have Subscribed the said Declaration, that then our Lieutenant or Deputy Governor for the time being and Councillors or assistants before by these presents Nominated and appointed shall take the said oaths and make, Repeat and Subscribe the said Declaration before our said Governor and that every such Person or Persons as shall (at any time of the annuall Elections or otherwise upon death or Removall) to be appointed to be the New Councillors or assistants and all other officers be here after Chosen from time to time shall take the oath to Their respective offices and places belonging. And also the said oaths appointed by the said act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, and shall make, Repeat and Subscribe the declaration mentioned in the said Act before the Governor or Lieutenant or Deputy Governor or any Two or more Councillors or Assistants, or any other person or persons as shall be appointed thereunto by Our Governor for the time being, to whom We do therefore by these presents give full Power and Authority from time to time to give and administer the same respectively according to our true meaning herein before declared without any Commission or further Warrant to be had and obtained from us, our heires and successors in that behalf.

And our Will and Pleasure is, and we do hereby require and Command that all and Every person and persons hereafter by us our heires and Successors, Nominated and Appointed to the Respective Offices of Governor or Lieutenant or Deputy Governor and Secretary of Our said Province or Colony (which said Governor or Lieutenant or Deputy Governor and Secretary of our said Province or Colony for the time being we do hereby reserve full power and authority to us our heires and successors to Nominate and appoint accordingly) shall before he or they be admitted to the Execution of their respective Offices take as well the oaths for the due and faithful performance of the said Offices Respectively as also the oaths appointed by the said Act of Parliament made in the said first year of Our Reign to be taken instead of the said oaths of Allegiance and Supremacy, and shall also Make, Repeat and Subscribe the declaration appointed by the said act in such Manner and before such persons as aforesaid.

And further our Will and Pleasure is, And we do hereby for us our heires and Successors Grant, Establish and Ordain That all and every of the Subjects of our our heires and Successors which shall go to and Inhabit within Our said Province or Colony and Every of Their Children which shall happen to be Born there or on the Seas in Going thither or returning from thence, shall have and Enjoy all the liberties and immunities of Free and Natural Subjects within any of the Dominions of us our heires and Successors to all intents Constructions and Purposes whatsoever as if they and every of them were born within this Our Realm of England.

And for the Greater Ease and Encouragement of Our Loving Subjects inhabiting our said Province or Colony of the Massachusetts Bay and of such as shall come to Inhabit there We do by these presents for us our heires and Successors, Grant Establish and ordein, that for ever hereafter there shall be a liberty of Conscience Allowed in the worship of God to all Christians (Except Papists) Inhabiting, or which shall Inhabit or be resident within our said Province or Colony.

And We do hereby grant and ordein that the Governor or Lieutenant or Deputy of our said Province or Colony for the time being or either of them or any Two or More of the Councill or assistants for the time being as shall be thereunto appointed by our said Governor shall and may at all times and from time to time hereafter have full Power and authority to administer and give the Oaths appointed by the said Act of Parliament made in the first year of Our Reigne to be taken instead of the Oaths of Allegiance and Supremacy to all and every Person and Persons which are now Inhabiting and Residing within our said Province or Colony or which shall at any time or times here after go or pass thither.

And we do of our further Grace certain knowledge and meer mocion grant, establish and ordain for us our heires and Successors that the Great or Generall Court or assembly of Our said Province or Colony for the time being Convened as aforesaid shall for ever have full power and authority to Erect and constitute Judicatories and Courts of Record or other Courts to be held in the name of us, Our heires and Successors for the hearing trying and determining of all and all Manner of Crimes, offences, pleas processes, plaints actions, matters, causes and things whatsoever arising or happening within our said Province or colony or between persons inhabiting or residing there whether the same be Criminall or Civill and whether the said Crime be capitall or not Capitall and whether the said Pleas be Real, personall or mixt and for the awarding and making out of execution thereupon. To which Courts and Judicatories we do hereby for us our heires and Successors give and grant full power and authority from time to time to Administer oaths for the better Discovery of Truth in any Matter in Controversy or depending before them.

And we do for us our heires and Successors grant, establish and ordain that our Governor of our said Province or colony for the time being with the Councill or assistants may do Execute and perform all that is necessary for the probate of wills and granting of Administrations for, touching or Concerning any Interest of Estate which any person or persons shall have within our said Province or Colony. And whereas we judge it necessary that all our Subjects should have liberty to appeal to us our heires and Successors in Cases that may deserve the same We do by these presents ordain that in case either party shall not rest satisfied with the Judgment or Sentence of any Judicatories or Courts within our said Province or Colony in any personnall accion wherein the matter in difference doth exceed the value of three hundred pounds sterling that he or they may appeal to us our heires and successors in our or Their Privy Councill. Provided that such appeal be made within fourteen dayes after the Sentence of or Judgement given, and that before such appeal be allowed Security be given by the party or partyes appealing to the value of the matter in difference to pay or answer the debt or damages for which the Judgement or Sentence is given with such costs and damages as shall be awarded by us our heires or successors in case the Judgement or Sentence be affirmed, and Provided also that no Execution shall be stayed or Suspended by reason of such appeal to us our heires and successors in our or Their Privy Councill so as the party Suing or taking out Execution do in like Manner give Security to the value of the Matter in difference to make restitution in Case the said Judgement or Sentence be reversed or annulled upon the said appeal.

And we do further for Us our heires and Successors Give and Grant to Our said Governor and the great and Generall court or assembly of our said Province or Colony for the time being full Power and authority from time to time to make ordain and Establish all Manner of wholsome and reasonable Orders Laws Statutes and Ordinances, Directions and Instructions either with Penalties or without (so as the same be not repugnant or Contrary to the Laws of this Our Realm of England) as they shall judge to be for the good and Welfare of Our said Province or Colony and for the Government and ordering thereof and of the people inhabiting or who shall inhabit the same and for the necessary support and Defence of the Government thereof. And we do for us our heires and Successors Give and Grant that the said Generall Court or assembly shall have full power and authority to name and settle annually all Civill officers within the said Province such officers excepted the Election and Constitution of whom we have by these present reserved to us our heires and Successors or to our Governor of Our said Province for the time being and to set forth the severall Duties Powers and Limits of every such officer to be appointed by the said Generall Court or assembly and the forms of such oaths not repugnant to the Laws and Statutes of this Our Realm of England as shall be respectively administered unto them for the Execution of their several offices and places.

And also to impose, fines, mulcts Imprisonments and other Punishments. And impose and Levy proportionable and reasonable assessments, Rates and Taxes upon the Estates and persons of all and every the Proprietors or Inhabitants of Our said Province or Colony to be Issued and disposed of by warrant under the hand of our Governor of Our said Province or territory for the time being with the Advice and Consent of the Councill, for our Service in the necessary defence and Support of our Government of Our said Province or territory and the Protection and preservation of the Inhabitants there, according to such acts as are or shall be in force within our said Province or Colony.

And likewise to Constitute Markets, Marts and Fairs and to grant reasonable Tolls and duties in and for the Same and to Dispose of Matters and things whereby Our Subjects Inhabitants of our said Province or Colony may be Religiously Peaceably, and Civilly Governed Protected and defended so as their good life and orderly Conversation may win the Indian Natives of the country to the knowledge and Obedience of the only true God and Saviour of Mankinde and the Christian Faith which his late Majesty our Royall Grandfather King Charles the first in his said Letters Patents declared was his Royall Intention and the adventurers free profession to be the Principall end of the said Plantation and for better Securing and Maintaining liberty of Conscience hereby Granted to all persons at any time being or residing within Our said Province or Colony as aforesaid. Willing, Commanding and Requiring and by these presents for us our heires and Successors ordeining and appointing that all such Orders, Laws, Statutes and Ordinances Instructions and directions as shall be so made and published under Our Seal of Our said Province or Colony shall be carefully and duly observed kept and performed and put in Execution according to the true intent and meaning of these presents.

Provided alwaies, And we do by these presents for us Our heires and Successors, Establish, and Ordain that in the framing and passing of all such Orders, Lawes, Statutes and Ordinances, and in all Elections and Acts of Government whatsoever to be passed made or done by the said Generall Court or assembly or in Councill the Governor of our said Province or Colony of the Massachusetts Bay for the time being shall have the Negative voice, and that without his Consent or Approbation signified or declared in writing, no such Orders, Lawes, Statutes, Ordinances Elections or other Acts of Government whatsoever to be made passed or done by the said Generall Assembly or in Councill shall be of any force Effect or validity any thing herein contained to the Contrary in any wise not withstanding.

And Provided also the said Orders, Lawes, Statutes, and Ordinances be by the first opportunity after the making thereof sent or transmitted unto us our heirs and Successors under the Publick Seal to be appointed by Us, for our or Their Approbation or disallowance, and in Case all or any of them being not before confirmed by Us Our heires and successors shall at any time within the Space of 3 years next after the Same shall have been presented to us as our heires and successors in our or their Privy councill be disallowed and negatived by Us Our heires and successors under Our or their Signe Manuall and Signett, or by Order in Our or their Privy Council unto the Governor for the time being, then such and so many of them as shall be so disallowed and repealed shall from thenceforth cease and determine and become utterly void and of none Effect. Provided alwayes that in case we our heires or successors shall not within the Terme of three yeares after the presenting of such Orders Laws Statutes or Ordinances as aforesaid, signify by our or their disallowance of the same, then the said orders, laws, statutes or Ordinances shall be and continue in full force and Effect according to the true intent and meaning of the Same, untill the Expiration thereof, or that the same shall be repealed by the Generall Assembly of our said Province for the time being.

And wee do by these presents for us our heires and Successors, grant establish and ordein, that our Governor of Our said Province or colony for the time being shall have full power by himself or by any Cheife Commander or other Officer or Officer to be appointed by him from time to time to traine Instruct exercise and Govern the Militia there. And for the speciall defence and Safety of Our said Province or Colony to Assemble in martiall Array And put in Warlike posture the Inhabitants of Our said Province or colony and to lead and conduct them, and with them to Encounter Expulse repell resist and pursue by force of Arms, as well as by Sea as by Land within or without the Limits of Our said Province or Colony. And also to kill slay destroy and Conquer by all fitting wayes Enterprizes and Means whatsoever, all and every such Person and Persons as shall at any time hereafter Attempt or Enterprize the destruction, Invasion detriment or annoyance of Our said Province or Colony. And to use and Exercise the Law Martiall in time of Actuall warr invasion or Rebellion as occasion shall necessarily require.

And also from Time to time to Erect forts and to fortify any Place or Places within our said Province or Colony and the Same to furnish with all necessary ammunition provisions and Stores of War for offence or defence and to Committ from time to time the Custody and Government of the same to such person or persons as to him shall seem meet and the said Forts and Fortifications to demolish at his pleasure and to take and Surprise by all ways and means whatsoever all and Every such Person and Persons with their Ships, arms Ammunitions and other goods as shall in hostile Manner intrude or attempt the invading conquering or annoying of Our said Province or colony.

Provided alwaies and we do by these presents for us our heires and Successors grant establish and ordain that our said Governor shall not at any time hereafter by vertue of any powers hereby Granted or hereafter to be Granted to him transport any of the inhabitants of Our said colony or Province or oblige them to march out of the Limitts of the same without their free and voluntary Consent or the consent of the Great and General court or assembly of Our said Province or colony, And provided also that it shall not at any time be Lawfull for any Governor of Our said Colony or Province to grant Comissions for exercising the Law Martial upon any the inhabitants of our Said Colony or Province without the advice and consent of the Council or Assistants of the same.

And we do further for us our heires and Successors grant establish and ordein that our Governor of our said Province or Colony for the time being shall have and Enjoy all Admiralls Rights benefits and Jurisdictions and likewise all priviledges and Comodities to the said Admirall Jurisdiction in any wayes belonging or Appertaining in and upon the Seas, Rivers and Coasts of or belonging to Our said Colony or Province and in and upon all the Rivers and Creeks therof. And likewise shall and may Erect and Constitute one or more Court or Courts admirall to hear and determine all manner of Pleas for and concerning the same and to appoint all officers of that admiralty, saving alwayes to Us Our heires and Successors and to the High Admirall or Commissioners for Executing the Office of high Admirall of Our Foreign Plantacions for the time being, all and all Manner of Jurisdictions Rights, Powers, benefitts and Authorities whatsoever incident or belonging to the said office of Our High Admirall or Commissioners for executing the office of Our high Admirall of our Plantacions which it shall be lawfull from time to time for us our heires and Successors or for Our high Admirall or Commissioners aforesaid for the time being, to Use and Exercise within the said Territories and premisses and the Seas Creeks and Rivers aforesaid.

[The following paragraph is from folio 658 but is presumably meant to be included here] Provided allways and it is hereby declared that nothing herein contained shall extend or be taken to erect or grant or allow the exercise any Admiral Court Jurisdiction power or autority but that the same shall be and is hereby reserved to us and our successors and shall from time to time be erected granted and exercised by vertu of comissions to be issued under the great seal of England or under the seal of the Lord High Admiral or the Commissioners for executing the office of Lord High Admiral of England. And further of our Especiall grace Certain knowledge and meer mocion we have given and granted and by these presents for us our heires and Successors do give, grant and Confirme unto the said Governor and Great and Generall Court or Assembly of our said Province or Colony of the Massachusetts Bay In New England for the time being all that [   ] [In margin: Memorandum. The boundaries are not yet settled] to have and to hold the said Territories Tracts Countries Lands, hereditaments, and all and Singular other the premisses with their and every of their appurtenances to the said Governor and Generall Court or Assembly of Our said Province of the Massachusetts Bay for the time being to the onely proper use and the said Governor and the Generall Court or Assembly of Our said Province of the Massachusetts Bay in New England for the time being for ever more. To be holden of Us Our heires and Successors as of Our manner of East Greenwich in the county of Kent by fealty only in free and Common Soccage Yeilding and paying therefore yearly to us our heires and Successors the fifth parte of all gold and silver oar and pretious Stones obteined in any of the said Lands and premisses, or within any parte thereof for and in satisfaction of all manner of duties demands Exactions and Services whatsoever to be done made or paid to Us Our heires and Successors for the premisses.

Provided neverthelesse, And we do hereby declare and for us Our heires and Successors do grant, That all and every such Lands Tenements and heriditaments and other Estates which any person or persons or bodies Politicque or Corporate or so reputed Townes villages Colledges or Schools do hold and enjoy or ought to have hold and Enjoy by or under any grant or Estate duly made or granted by any Generall Court formerly held, or by virtue of the Letters Patents herein before recited or either of them or by any other lawfull right or tides whatsoever shall be by such Person and Persons bodies Politique and Corporate or so reputed, Townes Villages Colledges or Schools their respective heires Successors and Assignees forever hereafter held and enjoyed according to the purport and intent of such Respective grants under and Subject Nevertheless to the Rents and Services thereby reserved or made payable, any matter or thing whatsoever to the Contrary notwithstanding.

[In margin “At Page 17 at line no. 2 and Saml. Allen of London merchant claiming from and under J. Mason, Esq. deceased or any other.” This and the following folio are inserted here in the order in which they appear in the final charter.]

Provided allways and it is hereby Declared that nothing herein contained shall extend or be understood or taken to Impeach or prejudice any Right tide Interest or Demand which any person or persons hath or have or claimeth or claim to have hold and enjoy of in to or out of any part or parts of the premisses scituate within the limits above mentioned. By vertu of any grant But that all and every such person and persons may and shall have hold and enjoy the same in such manner (and no other than) as if these presents had not been had or made, [in margin “p 18 and”] Provided allways and our [sic] It being our further will and pleasure is that no grant or conveyance of any Lands tenements or hereditaments to any private persons or corporations shall be or shall be judged or taken to be Avoided or prejudiced by reason of the said recited judgement or these our letters patents for or by reason of any want or defect of form but that the same stand and Remain in force and be maintained Adjudged and have effect in such manner as the same should or ought to have been before the time of the said recited judgement according to the laws and rules then and there usually known practiced and Allowed.

Provided also and it is our Royall Intent and meaning, That it shall not be lawfull at any time hereafter for the said great and generall court or Assembly of Our said Province or Colony for the time being, to make or pass any Grant or Grants of any lands lying or extending from Pescataqua Harbor and the River of Newichewanock to the Gulf of St. Lawrence and Canada River or of any part or [parcell] of the said Lands without the Consent of the Governor of Our said Province for the time being first had and or obteined.

Provided also that no such Grants of Lands be of any force or Effect untill We Our heires or Successors shall have signified our Royall Approbacion of the same.

Provided in like manner, and we do by these presents for us Our heires and Successors, Constitute and ordain, that when and as often as the Governor of Our said Province for the time being shall happen to dye or be displaced by Us Our heires or Successors, or be absent from his Government that then and in every of the said Cases, our Lieutenant or Deputy Governor of Our said Province or Colony for the time being, shall have full power and Authority So to do and Execute all and every such Acts Matters and thing which our Governor of our said Province or Colony for the time being, might or could by vertue of these our Letters Patents lawfully do or Execute if he were personally present untill the return of our Governor so absent or Arrivall or Constitution of such other Governor as Shall or may be Appointed by Us our heires or Successors in his Stead. And that when and as often as the Governor and Lieutenant or deputy Governor of Our said Colony or Province for the time being shall happen to dye or be displaced by Us Our heires or Successors, or be Absent from Our Said Colony or Province Commissioneated by Us our heires or Successors to be Governor within the same, then and in every of the said Cases, the Councillors or Assistants of our Said Colony or Province, shall have full power and Authority And we do hereby give and grant unto the said councill or assistants of Our said Province or Colony for the time being, or the Major Parte of them full power and authority to do and Execute all and Every such Acts Matters and things which the said Governor or Lieutenant or Deputy governor of our said province or colony for the time being, might or could lawfully doe or exercise as if they or either of them were personally present untill the return of the Governor or Lieutenant or Deputy governor so absent or arrival or Constitution of such other Governor or Lieutenant or Deputy governor as shall or may be appointed by Us our heires or Sucessors from time to time.

And further Our Express will and pleasure is, and we by these presents for us Our heires and Successors Ordain and Appoint that these our Letters Patents shall not in any Manner enure or be taken to Abridge, bar or hinder any of Our Loving Subjects whatsoever, to use and Exercise the Trade of fishing upon the Coast of New England but that they and every of them shall have full and free power and liberty to continue and use their said Trade of fishing upon the said Coasts in any of the Seas thereunto Adjoyning or any Armes of the said Seas or Salt water Rivers, where they have been wont to fish and to build, and set upon the Lands within Our said Province or Colony lying wast and not then possessed by particular proprietors, such wharfs, stages and workhouses as shall be necessary for the salting, drying, keeping and packing of their fish to be taken or gotten upon that Coast, and to curt down and take the Trees and other materialls there growing or being upon any parts of places lying west and not then in possession of particular Proprietors as shall be need full for that purpose, and for [any] other necessary Easments helps and Advantages concerning [the] said Trade of fishing, there in such manner and forme as have been here to fore at any time accustomed to do, without making any willfull wast or spoil, anything in these presents conteyned to the Contrary notwithstanding A [sic].

[I] have perused this Draught, As to the [ordaining?] part, I conceive it to be Agreeable to the Resol[utions of your] Lordships. As to the Reciting part setting forth [ . . . ] against the Charter of Incorporation etc, I do not Rem[   ] ob[jections]; And whether the same shall stand or be [ . . . ] submitted to theyr Lordships Determination

Geo Treby

Sept 6 1691

Journal of L.T.P., 7 September 1691

P.R.O., C.O. 391:7, 45. C.S.P.C. #1738.

Their Lordships Entring into the further Consideracion of the Charter for the Province of the Massachusetts Bay and Boundaries of the Province of New hampshire agree upon the following Minutes vizt.

The Boundaries of the Massachusetts Province to Extend Eastward to Merrimak River.

Nova Scotia to be added.

Four of the Councill or Assistants to be Inhabitants or Proprietors of Lands in New plymouth.

Two of the Councillors or Assistants to be Inhabitants or Proprietors of Lands in Nova Scotia.

Samuel Allen to L.T.P., 7 September 1691 [C]

P.R.O., C.O. 5:924, 22–23. C.S.P.C. #1740. Endorsed as received 7 September.

Humble Petition of Samuel Allen to L.T.P. He conceives that at the hearing on his claim to the “South and North parts of the Province of New-Hampshire” his right to the proprietorship and government “appeared Manifestly” and he renews his appeal for its government which he is willing to support financially. If the L.T.P. will not countenance his claim to the South part, he still begs that they will countenance no encroachment by Massachusetts to his proprietorship of the south part “lying betweene the Rivers of Naumkeck and three miles North of Merrimack.” He prays that the Lords in their report to their Majesties will provide for his right to government and proprietorship as aforesaid.

Samuel Allen’s Clause for Massachusetts Charter, n.d. [c. 9 September] 1691 [C]

P.R.O., C.O. 5:924, 24–26. C.S.P.C. #1744. Endorsed as received from Mr Allen, etc. 9 September 1691.

“A clause to bee added to the Charter intended for the Massachusetts.” A recital of the boundaries of Allen’s claimed territory in New England. A declaration that Allen’s rights to the government and proprietorship shall be to all intents and purposes “as if these our letters patents had never beene made” and anything contained in them “shall not in any manner impeach or prejudice the same.”

The clause is endorsed: “To Incert in the Draught of the Charter folio: (31) Line the (10) after the word (Enjoyed) Interline these words. As Against the said Governor and the great and genera[ll] Court or Assembly of our said Province and Territory in NewEngland and their Successors.”

Journal of L.T.P., 10 September 1691

P.R.O., C.O. 391:7, 48. C.S.P.C. #1745.

Part of the Draught of the Charter for the Massachusetts Bay in New England is read.

Elisha Cooke to Simon Bradstreet, 10 September and 4 November 1691

M.H.S, Prince Papers. Endorsed as received 26 February 1691/2. Dated at London.

Journal of L.T.P., 11 September 1691

P.R.O., C.O. 391:7, 49. C.S.P.C. #1745.

The Draught of the Charter for the Massachusetts Bay in New England is further Proceeded on.

In the Afternoon. Present [no names given]

The Draught of the Charter of the Province of the Massachusetts Bay is further proceeded on.

The Boundaries of the Province to Contein New Plymouth, the Province of Main, Kenebecque, Nova Scotia and three miles north of Merrimack River.

William Blathwayt to Sir John Tippetts630, 11 September 1691. [C]

P.R.O., C.O. 5:856, 661. C.S.P.C. #1753.

L.T.P. wish to know the denominations of timbers suitable for naval use so that this may be reserved in certain grants of lands and woods in America.

Samuel Allen to L.T.P., n.d. [c. 11 September] 1691 [C]

P.R.O., C.O. 5:924, 27–28. C.S.P.C. #1751. Endorsed 11 September 1691.

Humble Petition of Samuel Allen to L.T.P. He has heard that the L.T.P. is likely to lay the south part of New Hampshire into the government of Massachusetts and the north part and the Province of Maine into another distinct government. He repeates his claims to government and proprietorship of south part, and asks that the government of the north part may be kept distinct from Maine.

Sir John Tippetts to William Blathwayt, 12 September 1691 [C]

P.R.O., C.O. 5:856, 662. C.S.P.C. #1754. Dated at Navy Office.

Specifies the kinds of trees suitable for building ships of the “Fourth Rate and Upwards, to the end such Trees and Timber may be reserved for the King in America. . .”

Massachusetts Agents to L.T.P., 15 September 1691

P.R.O., C.O. 5:856, 664–665. Entered C.O. 5:905, 296–297. C.S.P.C. #1758. Endorsed as received from Mather on 15 September and read 16 September. The brackets are in the original.

Concerning the Draught of the Charter for the Massachusetts Colony in New England it is humbly proposed to Consideration.

That in P.18 Grants of Lands Defective as to the form of Conveyance are Confirmed to private persons only Which one Clause will unsettle and Disquiet the whole country. For all the Townes therein have bin erected by such Conveyances. It is therefore proposed that the words may run thus [Grants or Conveyances of Lands etc. to any Town, School of Learning, or to any private persons.]

In P.22 there is that Expression of takeing their Corporall oath. When as in New England they scruple that mode of sweareing on the Book. Their Custom is to swear by lifting up the hand. It is therefore proposed that the word [Corporal] may be left out.

In P.29 the General Court has power to Constitute Marketts etc. It is humbly praid that a Clause may be added to Impower them to incorporate Schools of Learning.

In P.31 Power is given to the General Court to grant Lands in the province of Mayn etc as formerly they might. But in P.33. There is an Inhibition as to grants of Tracts of Land lying between Piscataqua harbor, and the Gulfe of St. Lawrence. Now all the province of Mayn is Comprehended in those Limitts. It is therefore proposed, that Either there may be no such Restraint mencioned in the Charter, for as much as thereby the setling of Novia-Scotia with English Inhabitants will be retarded or else, that this Limittation may beginn att Kennebeck River, rather then at Piscataqua Harbor.

That last imperfect clause in P. 36, if it should pass as there worded, will render his Majesties Subjects in New England uncapable of building Shipps for their own use, and that would ruine the Country. Besides, it taketh away property from very many, For Trees fitt for masts, and oaks to build Shipps are growing in the Woodlands belonging to perticular persons. There is Timber enough to build Navies with, in those Lands which do not belong to perticular persons as their property. It is therefore proposed that there may not through mistake be any Clause in this Charter, which shall be injurious to His Majesties Subjects or any of them in the respects mentioned.

It is humbly proposed that the name of the first Governor Vizt. Sir William Phipps, or att least of the first Deputy Governor Vizt. William Stoughton Esqr, as well as the Name of the Assistants and Secretary may be mencioned in the Charter.

Journal and Minute of L.T.P., 16 September 1691

P.R.O., C.O. 391:7, 50. C.S.P.C. #1759, C.O. 5:905, 298. C.S.P.C. #1760.

The Agents of New England presents to the Committee Severall proposalls concerning the Draught of the Charter for the Massachusetts Bay which being read.

Whereupon it is Agreed that in the 22nd page of the said Draught where mencion is made of taking their Corporall Oath, the word (Corporall) be left out.

That the Boundaries of the Lands reserved to be Granted with their Majesties approbacion be between Kenebeck River and the Gulf of St Lawrence, And that the Name of the Province be the Province of the Massachusets Bay in New England.

Memorandum. My Lord President is desired by the Lords of the Committee of Trade and Plantations, to Present to Her Majesty, the Draught of a Charter Prepared by the Committee for the Province of the Massachusetts Bay in New England.

Councill Chamber the 16th of September 1691.

Order in Council, 17 September 1691

P.R.O., C.O. 5:905, 351. C.S.P.C. #1769

At the Court at Whitehall the 17 September 1691

Present the Queens most Excellent Majesty in Councill.

The draught of a Charter prepared by the Lords of the Committee of Trade and Plantations, for the Province of the Massachusetts Bay in New England having been this day read at the Board, It is thereupon Ordered by her Majesty in Councill, that the Right Honourable the Earl of Nottingham her Majesty’s Principall Secretary of State, do prepare a Warrant for Her Majestys Royall signature for Passing the said Charter under the Great Seal of England, in the usuall Manner.

Sir Henry Ashurst and Increase Mather to L.T.P., 18 September 1691

P.R.O., C.O. 5:856, 666–667. Entered C.O. 5:905, 352. C.S.P.C. #1772. Endorsed as received on 22 September and returned to Phips on the 5 November. C.O. 5:856, 668. C.S.P.C. #1773 is a list.

It is humbly prayed that the persons above mencioned (if their Majesties shall think fitt) may be appointed, the present Governor and Deputy Governor and Assistants of the Colony of the Massachusetts in New England.

Henry Ashurst

Increase Mather.

Journal of L.T.P., 28 September 1691

P.R.O., C.O. 391:7, 53–54. C.S.P.C. #1787.

. . . . Their Lordships desire my Lord President to Move her Majesty in Councill that a fifth Rate Frigat might be sent to New England if a fourth Rate Cannot be Spared for the Guard of that Coast and to be Employed against the French as there shall be Occasion and a Sixth rate to New York Instead of the Archangel and that the Commander[s] of those frigats may be directed to be assisting to each other against the French or otherwise as there shall be Occasion.

Their Lordships Order the Draught of a Commission and Instructions to be prepared for a Governor of the Massachusetts Bay in New England with blanks for the Governors Name.

Sir Henry Ashurst and Mr Mather present a List of the Names of Persons whome they pray may be Appointed the Present Governor, Deputy Governor and Assistants of the Massachusetts if their Majesties shall so think whereuupon it is Agreed to lay the same before his Majesty for his pleasure upon it.

Charter of Massachusetts, 7 October 1691

P.R.O. C.O. 5:905, 298–351, C.S.P.C. #1806, is the text of the charter passed by the Committee of Trade and Plantations on 17 September 1691, when a warrant was ordered to be issued for passing it under the Great Seal. P.R.O. C. 66:3346 is the Patent Roll entry of the charter, where the date of patenting and sealing is given as 7 October 1691. The following version is based on that in the Patent Roll, with some corrections of spelling and other inconsequential adjustments from the text of 17 September.

WILLIAM & MARY by the grace of God King and Queene of England Scotland France and Ireland Defenders of the Faith &c To all to whome these presents shall come Greeting. Whereas his late Majesty King James the First Our Royall Predecessor by his Letters Patents under the Greate Seale of England bearing date at Westminster the Third Day of November in the Eighteenth yeare of his Reigne did Give and Grant unto the Councill established at Plymouth in the County of Devon for the Planting Ruleing Ordering and Governing of New England in America and to their Successors and Assignes all that part of America lying and being in Breadth from Forty Degrees of Northerly Latitude from the Equinoctiall Line to the Forty Eighth Degree of the said Northerly Latitude Inclusively, and in length of and within all the Breadth aforesaid throughout all the Main Lands from Sea to Sea together alsoe with all the firme Lands Soiles Grounds Havens Ports Rivers Waters Fishings Mines and Mineralls as well Royall Mines of Gold and Silver as other Mines and Minerals Pretious Stones Quarries and all and singular other Commodities Jurisdicions Royalties Privileges Franchises and Preheminences both within the said Tract of Land upon the Main and alsoe within the Islands and Seas adjoyning.

Provided alwayes that the said Lands Islands or any other premises by the said Letters Patents intended or meant to be Granted were not then actually possessed or Inhabited by any other Christian Prince or State or within the bounds Limitts or Territories of the Southern Collony then before granted by the said late King James the First to be planted by divers of his Subjects in the South parts To Have and to hold possesse and enjoy all and singular the aforesaid Continent Lands Territories Islands Hereditaments and Precincts Seas Waters Fishings with all and all manner of their Commodities Royalties Liberties Preheminences and Profitts that should from thenceforth arise from thence with all and singular their appurtenances and every part and parcell thereof unto the said Councill and their Successors and Assignes for ever to the sole and proper use and benefitt of the said Councill and their Successors and Assignes for ever To be holden of his said late Majestie King James the First his Heires and Successors as of his Mannor of East Greenwich in the County of Kent in free and Common Soccage and not in Capite or by Knights Service Yeilding and paying therefore to the said late King his Heires and Successors the Fifth part of the Oar of Gold and Silver which should from time to time and at all times then after happen to be found gotten had and obteyned in att or within any of the said Lands Limitts Territories or Precincts or in or within any part or parcell thereof for or in respect of all and all manner of duties demands and services whatsoever to be done made or paid to the said late King James the first his Heires and Successors as in and by the said Letters Patents amongst sundry other Clauses Powers Priviledges and Grants therein conteyned more at large appeareth.

And Whereas the said Councill established at Plymouth in the County of Devon for the Planting Ruleing Ordering and Governing of New England in America Did by their Deed Indented under their Common Seale bearing Date the Ninteenth Day of March in the Third yeare of the Reigne of Our Royall Grandfather King Charles the First of ever Blessed Memory Give Grant Bargaine Sell Enffeoffe Alien and Confirme to Sir Henry Roswell Sir John Young Knights Thomas Southcott John Humphreys John Endicott and Simon Whetcomb their Heires and Assines and their Associats for ever All that part of New England in America aforesaid which lyes and extends betweene a great River there commonly called Monomack alias Merrimack and a certaine other River there called Charles River being in the Bottom of a certaine Bay there commonly called Massachusetts alias Mattachuseetts alias Massatusetts Bay. And alsoe all and singular those Lands and Hereditaments whatsoever lying within the space of Three English Miles on the South part of the said Charles River or of any and every part thereof. And alsoe all and singular the Lands and Hereditaments whatsoever lying and being within the space of three English Miles to the Southward of the Southermost part of the said Bay called the Massachusetts alias Mattachusetts alias Massatusetts Bay And alsoe all those Lands and Hereditaments whatsoever which lye and be within the space of three English Miles to the Northward of the said River called Monomack alias Merrimack or to the Northward of any and every part thereof. And all Lands and Hereditaments whatsoever lying within the Limitts aforesaid North and South in Latitude and in Breadth and in length and longitude of and within all the Breadth aforesaid throughout the Main Lands there from the Adantick and Westerne Sea and Ocean on the East part to the South Sea on the West part and all Lands and Grounds Place and Places Soile Woods and Wood Grounds Havens Ports Rivers Waters Fishings and Hereditaments whatsoever lying within the said Bounds and Limitts and every parte and parcell thereof and alsoe all Islands lying in America aforesaid in the said Seas or either of them on the Westerne or Easterne Coasts or Parts of the said Tracts of Land by the said Indenture mencioned to be Given and Granted Bargained Sold Enffeoffed Aliened and Confirmed or any of them. And alsoe all Mines and Minerals aswell Royall Mines of Gold and Silver as other Mines and Mineralls whatsoever in the said Lands and Premisses or any parte thereof and all Jurisdicions Rights Royalties Liberties Freedoms Imunities Priviledges Franchises Preheminences and Commodities whatsoever which they the said Councill established at Plymouth in the County of Devon for the planting Ruleing Ordering and Governing of New England in America then had or might use exercise or enjoy in or within the said Lands and Premisses by the same Indenture mencioned to be given granted bargained sold enffeoffed and confirmed in or within any part or parcell thereof To Have and to hold the said parte of New England in America which lyes and extends and is abutted as aforesaid and every parte and parcell thereof. And all the said Islands Rivers Ports Havens Waters Fishings Mines Mineralls Jurisdicions Franchises Royalties Liberties Priviledges Commodities Hereditaments and premisses whatsoever with the appurtenances unto the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simon Whetcomb their Heires and Assignes and their Associates for ever to the only proper and absolute use and behoofe of the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simond Whetcomb their Heires and Assignes and their Associates for evermore To be holden of Our said Royall Grandfather King Charles the first his Heires and Successors as of his Mannor of East Greenwich in the County of Kent in free and Common Soccage and not in Capite nor by Knights Service Yeilding and paying therefore unto Our said Royall Grandfather his Heires and Successors the fifth part of the Oar of Gold and Silver which should from time to time and at all times hereafter happen to be found gotten had and obteyned in any of the said Lands within the said Limitts or in or within any part thereof for and in satisfacion of all manner of duties demands and services whatsoever to be done made or paid to Our said Royall Grandfather his Heires or Successors (as in and by the said recited Indenture may more at large appeare).

And Whereas Our said Royall Grandfather in and by his Letters Patents under the Greate Seale of England bearing date at Westminster the Fourth Day of March in the Fourth yeare of his Reigne for the consideracion therein mencioned did grant and confirme unto the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simon Whetcomb and to their Associates after named (vizt) Sir Richard Saltenstall Knight Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heirs and Assignes All the said part of New England in America lying and extending betweene the bounds and limitts in the said Indenture expressed and all Lands and Grounds Place and Places Soiles Woods and Wood Grounds Havens Ports Rivers Waters Mines Mineralls Jurisdicions Rights Royalties Liberties Freedomes Immunities Priviledges Franchises Preheminences and Hereditaments whatsoever bargained sold enffeoffed and Confirmed or mencioned or intended to be given granted bargained sold enffeoffed aliened and confirmed to them the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simon Whetcomb their Heires and Assignes and to their Associates for ever by the said recited Indenture To have and to hold the said part of New England in America and other the Premisses thereby mencioned to be granted and confirmed and every parte and parcell thereof with the appurtenances to the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Simon Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires and Assignes for ever to their own only proper and absolute use and behoofe for evermore To be holden of Our said Royall Grandfather his Heires and Successors as of his Mannor of East Greenwich aforesaid in free and common Soccage and not in Capite nor by Knights Service and alsoe yeilding and paying therefore to Our said Royall Grandfather his Heires and Successors the fifth part only of all the Oar of Gold and Silver which from time to time and at all times after should be there gotten had or obteyned for all Services Exaccions and Demands whatsoever according to the tenour and Reservacion in the said recited Indenture expressed.

And further Our said Royall Grandfather by the said Letters Patents did Give and Grant unto the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Simon Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Encrease Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hut[c]hins William Vassall William Pincheon and George Foxcroft their Heires and Assignes All that part of New England in America which lyes and extends betweene a Greate River more commonly called Monomack alias Merimack River and a certaine other River there called Charles River being in the Bottom of a certaine Bay there commonly called Massachusetts alias Mattachusetts alias Massatusetts Bay and alsoe all and singular those Lands and Hereditaments whatsoever lying within the space of Three English Miles on the South part of the said River called Charles River or of any or every part thereof and alsoe all and singuler the Lands and Hereditaments whatsoever lying and being within the space of Three English Miles to the Southward of the Southermost part of the said Bay called Massachusetts alias Mattachusetts alias Massatusetts Bay And alsoe all those Lands and Hereditaments whatsoever which lye and bee within the space of Three English Miles to the Northward of the said River called Monomack alias Merimack or to the Northward of any and every parte thereof. And all Lands and Hereditaments whatsoever lyeing within the limitts aforesaid North and South in Latitude and in Breadth and in length and Longitude of and within all the Breadth aforesaid throughout the Main Lands there from the Atlantick or Western Sea and Ocean on the East parte to the South Sea on the West parte And all Lands and Grounds Place and Places Soils Wood and Wood Lands Havens Ports Rivers Waters and Hereditaments whatsoever lying within the said bounds and limitts and every part and parcell thereof And alsoe all Islands in America aforesaid in the said Seas or either of them on the Westerne or Easterne Coasts or partes of the said Tracts of Lands thereby mencioned to be given and granted or any of them And all Mines and Mineralls as well Royall Mines of Gold and Silver as other Mines and Mineralls whatsoever in the said Lands and premisses or any parte thereof and free Libertie of Fishing in or within any of the Rivers and Waters within the bounds and limitts aforesaid and the Seas thereunto adjoyning and of all Fishes Royall Fishes Whales Balene Sturgeon and other Fishes of what kind or nature soever that should at any time thereafter be taken in or within the said Seas or Waters or any of them by the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphryes John Endicott Simon Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Fox croft their Heires or Assignes or by any other person or persons whatsoever there Inhabiting by them or any of them to be appointed to Fish therein.

Provided alwayes that if the said Lands Islands or any the premisses before mencioned and by the said Letters Patents last mencioned intended and meant to be granted were at the time of granting of the said former Letters Patents dated the third day of November in the Eighteenth yeare of the Reigne of his late Majesty King James the First actually possessed or inhabited by any other Christian Prince or State or were within the bounds Limitts or Territories of the said Southern Colony then before granted by the said King to be planted by divers of his Loveing Subjects in the South parts of America That then the said Grant of Our said Royall Grandfather should not extend to any such parts or parcells thereof soe formerly inhabited or lying within the bounds of the Southern Plantacions as aforesaid but as to those parts or parcells soe possessed or inhabited by any such Christian Prince or State or being within the boundaries aforesaid should be utterly void To Have and to hold possesse and enjoy the said parts of New England in America which lye extend and are abutted as aforesaid and every part and parcell thereof and all the Islands Rivers Ports Havens Waters Fishings Fishes Mines Mineralls Jurisdicions Franchises Royalties Liberties Priviledges Commodities and premisses whatsoever with the Appurtenances unto the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Simon Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires and Assignes for ever To the only proper and absolute use and behoofe of the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphryes John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires and Assignes for evermore To be holden of Our said Royall Grandfather his Heires and Successors as of his Mannor of East Greenwich in the County of Kent within the Realme of England in free and Common Soccage and not in Capite nor by Knights Service. And alsoe yeilding and paying therefore to Our said Royall Grandfather his Heires and Successors the Fifth part only of all the Oar of Gold and Silver which from time to time and at all times thereafter should be gotten had or obteyned for all services Exacions and demands whatsoever. Provided alwayes and his said Majesties expresse Will and meaning was that only one Fifth parte of all the Gold and Silver Oar above mencioned in the whole and no more should be answered reserved and payable unto Our said Royall Grandfather his Heires and Successors by colour or vertue of the said last mencioned Letters Patents the double reservacions or recitalls aforesaid or any thing therein conteyned notwithstanding.

And to the end that the affaires and biusnesse which from time to time should happen and arise concerning the said Lands and the Plantacions of the same might be the better mannaged and ordered and for the good Government thereof Our said Royall Grandfather King Charles the First did by his said Letters Patents Create and make the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symon Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall and Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassal William Pincheon and George Foxcroft and all such others as should thereafter be admitted and made free of the Company and Society therein after mencioned one Body Corporate and Politique in fact and name by the Name of the Governour and Company of the Massachusetts Bay in New England and did grant unto them and their Successors divers powers Liberties and Priviledges as in and by the said Letters Patents may more fully and at large appeare.

And whereas the said Governour and Company of the Massachusetts Bay in New England by vertue of the said Letters Patents did settle a Collony of the English in the said parts of America and divers good Subjects of this Kingdome incouraged and invited by the said Letters Patents did Transport themselves and their Effects into the same whereby the said Plantacion did become very populous and divers Counties Townes and Places were created erected named settforth or designed within the said parts of America by the said Governour and Company for the time being.

And Whereas in the terme of the holy Trinity in the Thirty Sixth yeare of the Reigne of Our dearest Uncle King Charles the Second a Judgment was given in Our Court of Chancery then sitting at West minster upon a Writt of Scire Facias brought and prosecuted in the said Court against the Governour and Company of the Massachusetts Bay in New England that the said Letters Patents of Our said Royall Grandfather King Charles the First bearing date at Westminster the Fourth day of March in the Fourth yeare of his Reigne made and granted to the said Governour and Company of the Massachusetts Bay in New England and the Enrollment of the same should be cancelled vacated and annihilated and should be brought into the said Court to be cancelled (as in and by the said Judgment remaining upon Record in the said Court doth more at large appeare) And whereas severall persons employed as Agents in behalfe of Our said Collony of the Massachusetts Bay in New England have made their humble application unto Us that Wee would be graciously pleased by Our Royall Charter to Incorporate Our Subjects in Our said Collony and to grant and confirme unto them such powers priviledges and Franchises as in Our Royall Wisdome should be thought most conduceing to Our Interest and Service and to the Welfare and happy State of Our Subjects in New England and Wee being graciously pleased to gratifie Our said Subjects And alsoe to the end Our good Subjects within Our Collony of New Plymouth in New England aforesaid may be brought under such a forme of Government as may put them in a better Condicion of defence and considering the granting as well unto them as unto Our subjects in our said Collony of the Massachusetts Bay Our Royall Charter with reasonable Powers and Priviledges will much tend not only to the safety but to the Flourishing estate of Our Subjects in the said parts of New England and alsoe to the advanceing of the ends for which the said Plantacions were at first encouraged of Our especiall Grace certaine knowledge and meere Mocion have willed and ordeyned and Wee doe by these presents for Us Our Heires and Successors Will and Ordeyne that the Territories and Colonyes comonly called or known by the Names of the Colony of the Massachusetts Bay and Colony of New Plymouth the Province of Main the Territorie called Accadia or Nova Scotia and all that Tract of Land lying betweene the said Territories of Nova Scotia and the said Province of Main be Erected United and Incorporated And Wee doe by these presents Unite Erect and Incorporate the same into one reall Province by the Name of Our Province of the Massachusetts Bay in New England.

And of Our especial Grace certaine knowledge and meer mocion Wee have given and granted and by these presents for Us Our Heires and Successors doe give and grant unto Our good Subjects the Inhabitants of Our said Province or Territory of the Massachusetts Bay and their Successors all that parte of New England in America lying and extending from the greate River also commonly called Monomack alias Merrimack on the North part and from three Miles Northward of the said River to the Atlantick or Westerne Sea or Ocean on the South part And all the Lands and Hereditaments whatsoever lying within the limits aforesaid and extending as farr as the Outermost Points or Promontories of Land called Cape Cod and Cape Mallabar North and South and in Latitude Breadth and in Length and Longitude of and within all the Breadth and Compasse aforesaid throughout the Maine Land there from the said Adantick or Westerne Sea and Ocean on the East part towards the South Sea or Westward as far as Our Collonyes of Rhode Island Connecticutt and the Narragansett Countrey and alsoe all that part or porcion of Main Land beginning at the Entrance of Piscataway Harbour and soe to pass upp the same into the River of Newickewannock and through the same into the furthest part thereof and from thence Northwestward till One Hundred and Twenty Miles be finished and from Piscataway Harbour mouth aforesaid North-Eastward along the Sea Coast to Sagadehock and from the Period of One Hundred and Twenty Miles aforesaid to crosse over Land to the One Hundred and Twenty Miles before reckoned up into the Land from Piscataway Harbour through Newickawannock River and alsoe the North halfe of the Isles and Shoales together with the Isles of Cappawock and Nantukett near Cape Cod aforesaid and also the Lands and Hereditaments lying and being in the Countrey or Territory commonly called Accadia or Nova Scotia And all those Lands and Hereditaments lying and extending betweene the said Countrey or Territory of Nova Scotia and the said River of Sagadahock or any part thereof And all Lands Grounds Places Soiles Woods and Wood grounds Havens Ports Rivers Waters and other Hereditaments and premisses whatsoever lying within the said bounds and limitts aforesaid and every part and parcell thereof and alsoe all Islands and Isletts lying within term Leagues directly opposite to the Main Land within the said bounds and all Mines and Mineralls aswell Royall Mines of Gold and Silver as other Mines and Mineralls whatsoever in the said Lands and premisses or any parte thereof To Have and to hold the said Territories Tracts Countreys Lands Hereditaments and all and singular other the premisses with their and every of their Appurtences to Our said Subjects the Inhabitants of Our said Province of the Massachusetts Bay in New England and their Successors to their only proper use and behoofe for evermore to be holden of Us Our Heires and Successors as of Our Mannor of East Greenwich in the County of Kent by Fealty only in free and Common Soccage yeilding and paying therefore yearly to Us Our Heires and Successors the Fifth part of all Gold and Silver Oar and precious Stones which shall from time to time and at all times hereafter happen to be found gotten had and obteyned in any of the said Lands and premisses or within any part thereof.

Provided neverthelesse and Wee doe for Us Our Heires and Successors Grant and ordeyne that all and every such Lands Tenements and Hereditaments and all other estates which any person or persons or Bodies Politique or Corporate Townes Villages Colledges or Schooles doe hold and enjoy or ought to have hold and enjoy within the bounds aforesaid by or under any Grant or estate duely made or granted by any Generall Court formerly held or by vertue of the Letters Patents herein before recited or by any other lawfull Right or Tide whatsoever shall be by such person and persons Bodies Politique and Corporate Townes Villages Colldges or Schooles their respective Heires Successors and Assignes for ever hereafter held and enjoyed according to the purport and Intent of such respective Grant under and Subject neverthelesse to the Rents and Services thereby reserved or made payable any matter or thing whatsoever to the contrary notwithstanding.

And Provided alsoe that nothing herein conteyned shall extend or be understood or taken to impeach or prejudice any right tide Interest or demand which Samuell Allen of London Merchant claiming from and under John Mason Esquire deceased or any other person or persons hath or have or claimeth or claime to have hold or enjoy of in to or out of any part or parts of the premisses scituate within the limitts above mencioned. But that the said Samuel Allen and all and every such person and persons may and shall have hold and enjoy the same in such manner (and no other than) as if these presents had not been had or made.

It being Our further Will and Pleasure that no Grants or Conveyances of any Lands Tenements or Hereditaments to any Townes Colledges Schooles of Learning or to any private person or persons shall be judged or taken to be avoided or prejudiced for or by reason of any want or defect of Forme but that the same stand and remaine in force and be mainteyned adjudged and have effect in such manner as the same should or ought before the time of the said recited Judgment according to the Laws and Rules then and there usually practised and allowed.

And Wee doe further for Us Our Heires and Successors Will Establish and ordeyne that from henceforth for ever there shall be one Governour One Leiutenant or Deputy Governour and One Secretary of Our said Province or Territory to be from time to time appointed and Commissionated by Us Our Heires and Successors and Eight and Twenty Assistants or Councillors to be adviseing and assisting to the Governour of Our said Province or Territory for the time being as by these presents is hereafter directed and appointed which said Councillors or Assistants are to be Constituted Elected and Chosen in such forme and manner as hereafter in these presents is expressed. And for the better Execucion of Our Royall Pleasure and Grant in this behalfe Wee doe by these presents for Us Our Heires and Successors Nominate Ordeyne make and Constitute Our Trusty and Wellbeloved Simon Broadstreet John Richards Nathaniel Saltenstall Wait Winthrop John Philipps James Russell Samuell Sewall Samuel Appleton Bartholomew Gedney John Hawthorn Elisha Hutchinson Robert Pike Jonathan Curwin John Jolliffe Adam Winthrop Richard Middlecot John Foster Peter Serjeant Joseph Lynd Samuell Hayman Stephen Mason Thomas Hinckley William Bradford John Walley Barnabas Lothrop Job Alcott Samuell Daniell and Silvanus Davis Esquires the first and present Councillors or Assistants of Our said Province to continue in their said respective Offices or Trusts of Councillors or Assistants until the last Wednesday in May which shall be in the yeare of Our Lord One Thousand Six Hundred Ninety and Three and until other Councillors or Assistants shall be chosen and appointed in their stead in such manner as in these presents is expressed. And Wee doe further by these presents Constitute and appoint Our Trusty and welbeloved Isaac Addington Esquier to be Our first and present Secretary of Our said Province during Our Pleasure And Our Will and Pleasure is that the Governour of Our said Province for the time being shall have Authority from time to time at his discretion to assemble and call together the Councillors or Assistants of Our said Province for the time being and that the said Governour with the said Assistants or Councillors or Seaven of them at the least shall and may from time to time hold and keep a Councill for the ordering and directing the Affaires of Our said Province.

And further Wee Will and by these presents for Us Our Heires and Successors doe ordeyne and Grant that there shall and may be convened held and kept by the Governour for the time being upon every last Wednesday in the Moneth of May every yeare for ever and at all such other times as the Governour of Our said Province shall think fitt and appoint a great and Generall Court or Assembly Which said Great and Generall Court or Assembly shall consist of the Governour and Council or Assistants for the time being and of such Freeholders of Our said Province or Territory as shall be from time to time elected or deputed by the major parte of the Freeholders and other Inhabitants of the respective Townes or Places who shall be present at such Eleccions Each of the said Townes and Places being hereby impowered to Elect and Depute Two Persons and noe more to serve for and represent them respectively in the said Great and Generall Court or Assembly To which Great and Generall Court or Assembly to be held as aforesaid Wee doe hereby for Us Our Heires and Successors give and grant full power and authority from time to time to direct appoint and declare what Number each County Towne and Place shall Elect and Depute to serve for and represent them respectively in the said Great and Generall Court or Assembly Provided alwayes that noe Freeholder or other Person shall have a Vote in the Eleccion of Members to sereve in any Greate and Generall Court or Assembly to be held as aforesaid who at the time of such Eleccion shall not have an estate of Freehold in Land within Our said Province or Territory to the value of Fourty Shillings per Annum at the least or other estate to the value of fifty pounds Sterling And that every Person who shall be soe elected shall before he sitt or Act in the said Great and Generall Court or Assembly take the Oaths mencioned in an Act of Parliament made in the first yeare of Our Reigne Entituled an Act for abrogateing of the Oaths of Allegiance and Supremacy and appointing other Oaths and thereby appointed to be taken instead of the Oaths of Allegiance and Supremacy and shall make Repeat and Subscribe the Declaracion mencioned in the said Act before the Governour and Lieutenant or Deputy Governour or any two of the Assistants for the time being who shall be thereunto authorized and Appointed by Our said Governour and that the Governour for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourne Prorogue and dissolve all Great and Generall Courts or Assemblyes met and convened as aforesaid. And Our Will and Pleasure is and Wee doe hereby for Us Our Heires and Successors Grant Establish and Ordeyne that yearly once in every yeare for ever hereafter the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the Generall Court or Assembly newly chosen that is to say Eighteen at least of the Inhabitants of or Proprietors of Lands within the Territory formerly called the Collony of the Massachusetts Bay and four at the least of the Inhabitants of or Proprietors of Lands within the Territory formerly called New Plymouth and three at the least of the Inhabitants of or Proprietors of Land within the Territory formerly called the Province of Main and one at the least of the Inhabitants of or Proprietors of Land within the Territory lying between the River of Sagadahoc and Nova Scotia. And that the said Councillors or Assistants or any of them shall or may at any time hereafter be removed or displaced from their respective Places or Trusts of Councillors or Assistants by any Great or Generall Court or Assembly. And that if any of the said Councillors or Assistants shall happen to dye or be removed as aforesaid before the Generall day of a Eleccion That then and in every such Case the Great and Generall Court or Assembly at their first sitting may proceed to a New Eleccion of one or more Councillors or Assistants in the roome or place of such Councillors or Assistants soe dying or removed And Wee doe further Grant and Ordeyne that it shall and may be lawfull for the said Governour with the advice and consent of the Councill or Assistants from time to time to nominate and appoint Judges Commissioners of Oyer and Terminer Sheriffs Provosts Marshalls Justices of the Peace and other Officers to Our Councill and Courts of Justice belonging Provided alwayes that noe such Nominacion or Appointment of Officers be made without notice first given or summons issued out seaven dayes before such Nominacion or Appointment unto such of the said Councillors or Assistants as shall be at that time resideing within Our said Province. And Our Will and Pleasure is that the Governour and Leiutenant or Deputy Governour and Councillors or Assistants for the time being and all other Officers to be appointed or Chosen as aforesaid shall before the Undertaking the Execucion of their Offices and Places respectively take their severall and respective Oaths for the due and faithfull performance of their duties in their severall and respective Offices and Places and alsoe the Oaths appointed by the said Act of Parliament made in the first yeare of Our Reigne to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeate and subscribe the Declaracion mencioned in the said Act before such Person or Persons as are by these presents herein after appointed (that is to say) the Governour of Our said Province or Territory for the time being shall take the said Oaths and make repeate and subscribe the said Declaracion before the Leiutenant or Deputy Governour or in his absence before any two or more of the said Persons hereby Nominated and appointed the present Councillors or Assistants of Our said Province or Territory to whom Wee doe by these presents give full power and Authority to give and administer the same to Our said Governour accordingly and after Our said Governour shall be sworn and shall have subscribed the said Declaracion that then Our Leiutenant or Deputy Governour for the time being and the Councillors or Assistants before by these presents Nominated and appointed shall take the said Oaths and make repeat and subscribe the said Declaracion before Our said Governour and that every such person or persons as shall (at any time of the Annuall Eleccions or otherwise upon death or removeall) be appointed to be the New Councillors or Assistants and all other Officers to bee hereafter chosen from time to time shall take the Oaths to their respective Offices and places belonging and alsoe the said Oaths appointed by the said Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeate and subscribe the declaracion mencioned in the said Act before the Governour or Leiutenant or Deputy Governour or any two or more Councillors or Assistants or such other Person or Persons as shall be appointed thereunto by the Governour for the time being to whom Wee doe therefore by these presents give full power and authority from time to time to give and administer the same respectively according to Our true meaning herein before declared without any Commission or further Warrant to bee had and obteyned from us Our Heires and Successors in that behalfe.

And Our Will and Pleasure is and Wee doe hereby require and Command that all and every person and persons hereafter by Us Our Heires and Successors nominated and appointed to the respective Offices of Governour or Leiutenant or Deputy Governour and Secretary of Our said Province or Territory (which said Governour or Leiutenant or Deputy Governour and Secretary of Our said Province or Territory for the time being Wee doe hereby reserve full power and Authority to Us Our Heires and Successors to Nominate and appoint accordingly[)] shall before he or they be admitted to the Execucion of their respective Offices take as well the Oath for the due and faithfull performance of the said Offices respectively as alsoe the Oaths appointed by the said Act of Parliament made in the said First yeare of Our Reigne to be taken instead of the said Oaths of Allegiance and Supremacy and shall alsoe make repeate and subscribe the Declaracion appointed by the said Act in such manner and before such persons as aforesaid.

And further Our Will and Pleasure is and Wee doe hereby for Us Our Heires and Successors Grant Establish and Ordaine That all and every of the Subjects of Us Our Heires and Successors which shall goe to and Inhabit within Our said Province and Territory and every of their Children which shall happen to be borne there or on the Seas in goeing thither or returning from thence shall have and enjoy all Libertyes and Immunities of Free and naturall Subjects within any of the Dominions of Us Our Heires and Successors to all Intents Construecions and purposes whatsoever as if they and every of them were borne within this Our Realme of England and for the greater Ease and Encouragement of Our Loveing Subjects Inhabiting our said Province or Territory of the Massachusetts Bay and of such as shall come to Inhabit there Wee doe by these presents for us Our heires and Successors Grant Establish and Ordaine that for ever hereafter there shall be a liberty of Conscience allowed in the Worship of God to all Christians (Except Papists) Inhabiting or which shall Inhabit or be Resident within our said Province or Territory.

And Wee doe hereby Grant and Ordaine that the Governor or leiuetenant or Deputy Governor of our said Province or Territory for the time being or either of them or any two or more of the Councill or Assistants for the time being as shall be thereunto appointed by the said Governor shall and may at all times and from time to time hereafter have full Power and Authority to Administer and give the Oathes appointed by the said Act of Parliament made in the first yeare of Our Reigne to be taken instead of the Oathes of Allegiance and Supremacy to all and every person and persons which are now Inhabiting or resideing within our said Province or Territory or which shall at any time or times hereafter goe or passe thither.

And wee doe of our further Grace certaine knowledge and meer mocion Grant Establish and Ordaine for Us our heires and Successors that the great and Generall Court or Assembly of our said Province or Territory for the time being Convened as aforesaid shall for ever have full Power and Authority to Erect and Constitute Judicatories and Courts of Record or other Courts to be held in the name of Us Our heires and successors for the Hearing Trying and Determining of all manner of Crimes Offences Pleas Processes Plaints Accions Matters Causes and things whatsoever ariseing or happening within Our said Province or Territory or between persons Inhabiting or resideing there whether the same be Criminall or Civill and whether the said Crimes be Capitall or not Capitall and whether the said Pleas be Reall personall or mixt and for the awarding and makeing out of Execution thereupon To which Courts and Judicatories wee doe hereby for us our heirs and Successors Give and Grant full power and Authority from time to time to Administer oathes for the better Discovery of Truth in any matter in Controversy or depending before them.

And wee doe for us Our Heires and Successors Grant Establish and Ordaine that the Governor of our said Province or Territory for the time being with the Councill or Assistants may doe execute or performe all that is necessary for the Probate of Wills and Granting of Administracions for touching or concerning any Interest or Estate which any person or persons shall have within our said Province or Territory.

And whereas Wee judge it necessary that all our Subjects should have liberty to Appeale to us our heires and Successors in Cases that may deserve the same Wee doe by these presents Ordaine that in case either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province or Territory in any Personall Accion wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that then he or they may appeale to us Our heires and Successors in our or their Privy Councill Provided such Appeale be made within Fourteen dayes after Sentence or Judgement given and that before such Appeale be allowed Security be given by the party or parties appealing in the value of the matter in Difference to pay or Answer the Debt or Damages for the which Judgement or Sentence is given With such Costs and Damages as shall be Awarded by us Our Heires or Successors in case the Judgement or Sentence be affirmed. And Provided alsoe that no Execution shall be stayd or suspended by reason of such Appeale unto us our Heires and Successors in our or their Privy Councill soe as the party Sueing or takeing out Execution doe in the like manner give Security to the value of the matter in difference to make Restitucion in Case the said Judgement or Sentence be reversed or annul’d upon the said Appeale.

And we doe further for us our Heires and Successors Give and Grant to the said Governor and the great and Generall Court or Assembly of our said Province or Territory for the time being full power and Authority from time to time to make ordaine and establish all manner of wholsome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with penalties or without (soe as the same be not repugnant or contrary to the Lawes of this our Realme of England) as they shall Judge to be for the good and welfare of our said Province or Territory And for the Government and Ordering thereof and of the People Inhabiting or who shall Inhabit the same and for the necessary support and Defence of the Government thereof.

And Wee doe for us our Heires and Successors Give and grant that the said Generall Court or Assembly shall have full power and Authority to name and settle annually all Civill Officers within the said Province such Officers Excepted the Election and Constitution of whome wee have by these presents reserved to us Our Heires and Successors or to the Governor of our said Province for the time being and to Sett forth the severall Duties Powers and Lymitts of every such Officer to be appointed by the said Generall Court or Assembly and the formes of such Oathes not repugnant to the Lawes and Statutes of this our Realme of England as shall be respectively Administered unto them for the Execution of their severall Offices and places. And alsoe to impose Fines mulcts Imprisonments and other Punishments And to impose and leavy proportionable and reasonable Assessments Rates and Taxes upon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province or Territory to be Issued and disposed of by Warrant under the hand of the Governor of our said Province for the time being with the advice and Consent of the Councill for Our service in the necessary defence and support of our Government of our said Province or Territory and the Protection and Preservation of the Inhabitants there according to such Acts as are or shall be in force within our said Province and to dispose of matters and things whereby our Subjects inhabitants of our said Province may be Religiously peaceably and Civilly Governed Protected and Defended soe as their good life and orderly Conversation may win the Indians Natives of the Country to the knowledge and obedience of the only true God and Saviour of Mankinde and the Christian Faith which his late Majestie our Royall Grandfather king Charles the first in his said Letters Patents declared was his Royall Intentions And the Adventurers free Profession to be the Princepall end of the said Plantation. And for the better secureing and maintaining Liberty of Conscience hereby granted to all persons at any time being and resideing within our said Province or Territory as aforesaid Willing Comanding and Requireing and by these presents for us Our heires and Successors Ordaining and appointing that all such Orders Lawes Statutes and Ordinances Instructions and Directions as shall be soe made and published under our Seale of our said Province or Territory shall be Carefully and duely observed kept and performed and put in Execution according to the true intent and meaning of these presents Provided alwaies and Wee doe by these presents for us our Heires and Successors Establish and Ordaine that in the frameing and passing of all such Orders Laws Statutes and Ordinances and in all Elections and Acts of Government whatsoever to be passed made or done by the said Generall Court or Assembly or in Councill the Governor of our said Province or Territory of the Massachusetts Bay in New England for the time being shall have the Negative voice and that without his consent or Approbation signified and declared in Writeing no such Orders Laws Statutes Ordinances Elections or other Acts of Government whatsoever soe to be made passed or done by the said Generall Assembly or in Councill shall be of any Force effect or validity anything herein contained to the contrary in anywise notwithstanding.

And wee doe for us Our Heires and Successors Establish and Ordaine that the said Orders Laws Statutes and Ordinances be by the first opportunity after the makeing thereof sent or Transmitted unto us Our Heires and Successors under the Publique Seale to be appointed by us for Our or their approbation or Disallowance. And that in case all or any of them shall at any time within the space of three years next after the same shall have presented to us our Heires and Successors in Our or their Privy Councill be disallowed and rejected and soe signified by us our Heires and Successors under our or their Signe Manuall and Signett or by order in our or their Privy Councill unto the Governor for the time being then such and soe many of them as shall be soe disallowed and Rejected shall thenceforth cease and determine and become utterly void and of none effect. Provided alwais that in case Wee our Heires or Successors shall not within the terme of Three Yeares after the presenting of such Orders Lawes Statutes or Ordinances as aforesaid signifie our or their Disallowance of the same Then the said orders Lawes Statutes or Ordinances shall be and continue in full force and effect according to the true Intent and meaneing of the same untill the Expiracon thereof or that the same shall be Repealed by the Generall Assembly of our said Province for the time being.

Provided alsoe that it shall and may be Lawfull for the said Governor and Generall Assembly to make or passe any Grant of Lands lying within the Bounds of the Colonys formerly called the Collonys of the Massachusetts Bay and New Plymouth and province of Main in such manner as heretofore they might have done by vertue of any former Charter or Letters Patents which grants of lands within the Bounds aforesaid Wee doe hereby Will and ordaine to be and continue for ever of full force and effect without our further Approbation or Consent And soe as Neverthelesse and it is Our Royall Will and Pleasure That noe Grant or Grants of any Lands lying or extending from the River of Sagadehock to the Gulph of St: Lawrence and Canada River and to the Main Sea Northward and Eastward to be made or past by the Governor and Generall Assembly of our said Province be of any force validity or Effect untill Wee Our Heires and Successors shall have Signified Our or their Approbacion of the same.

And Wee doe by these presents for us Our Heires and Successors Grant Establish and Ordaine that the Governor of our said Province or Territory for the time being shall have full Power by himselfe or by any Cheif Commander or other Officer or Officers to be appointed by him from time to time to traine instruct Exercise and Governe the Militia there and for the speciall Defence and Safety of Our said Province or Territory to assemble in Martiall Array and put in Warlike posture the Inhabitants of Our said Province or Territory and to lead and Conduct them and with them to Encounter Expulse Repell Resist and pursue by force of Armes as well by Sea as by Land within or without the limitts of Our said Province or Territory and alsoe to kill slay destroy and Conquer by all fitting wayes Enterprises and meanes whatsoever all and every such Person and Persons as shall at any time hereafter Attempt or Enterprize the destruccion Invasion Detriment or Annoyance of Our said Province or Territory and to use and exercise the Law Martiall in time of actuall Warr Invasion or Rebellion as occasion shall necessarily require and alsoe from time to time to Erect Forts and to fortifie any place or Places within Our said Province or Territory and the same to furnish with all necessary Ammunicion Provisions and Stores of Warr for Offence or Defence and to comitt from time to time the Custody and Government of the same to such Person or Persons as to him shall seem meet And the said Forts and Fortificacions to demolish at his Pleasure and to take and surprise [example in P.R.O. C.O. 5: 905] by all waies and meanes whatsoever all and every such Person or Persons with their Shipps Arms Ammunicion and other goods as shall in a hostile manner Invade or attempt the Invading Conquering or Annoying of Our said Province or Territory.

Provided alwayes and Wee doe by these presents for Us Our Heires and Successors Grant Establish and Ordeyne That the said Governour shall not at any time hereafter by vertue of any powers hereby granted or hereafter to be granted to him Transport any of the Inhabitants of Our said Province or Territory or oblige them to march out of the Limitts of the same without their Free and Voluntary consent or the Consent of the Great and Generall Court or Assembly or Our said Province or Territory nor grant Commissions for exerciseing the Law Martiall upon any the Inhabitants of Our said Province or Territory without the Advice and Consent of the Councill or Assistants of the same.

Provided in like manner and Wee doe by these presents for Us our Heires and Successors Constitute and Ordeyne that when and as often as the Governour of Our said Province for the time being shall happen to dye or be displaced by Us Our Heires or Successors or be absent from his Government That then and in any of the said Cases the Leiutenant or Deputy Governour of Our said Province for the time being shall have full power and authority to doe and execute all and every such Acts Matters and things which Our Governour of Our said Province for the time being might or could by vertue of these Our Letter Patents lawfully doe or execute if he were personally present untill the returne of the Governour soe absent or Arrivall or Constitucion of such other Governour as shall or may be appointed by Us Our Heires or Successors in his stead and that when and as often as the Governour and Leiutenant or Deputy Governour of Our said Province or Territory for the time being shall happen to dye or be displaced by Us Our Heires or Successors or be absent from Our said Province and that there shall be no person within the said Province Commissionated by Us Our Heires or Successors to be Governour within the same Then and in every of the said cases the Councill or Assistants of Our said Province shall have full power and Authority and Wee doe hereby give and grant unto the said Councill or Assistants of Our said Province for the time being or the Major parte of them full power and Authority to doe and execute all and every such Acts matters and things which the said Governour or Leiutenant or Deputy Governour of Our said Province or Territory for the time being might or could lawfully doe or exercise if they or either of them were personally present untill the returne of the Governour Leiutenant or Deputy Governour soe absent or Arrivall or Constitucion of such other Governour or Leiutenant or Deputy Governour as shall or may be appointed by Us Our Heires or Successors from time to time.

Provided alwaies and it is hereby declared that nothing herein shall extend or be taken to Erect or grant or allow the Exercise of any Admirall Court Jurisdicion Power or Authority but that the same shall be and is hereby reserved to Us and Our Successors and shall from time to time be Erected Granted and exercised by vertue of Commissions to be issued under the Great Seale of England or under the Seale of the High Admirall or the Commissioners for executing the office of High Admirall of England. And further Our expresse Will and Pleasure is And Wee doe by these present for Us Our Heires and Successors Ordaine and appoint that these Our Letters Patents shall not in any manner Enure or be taken to abridge bar or hinder any of Our loveing Subjects whatsoever to use and exercise the Trade of Fishing upon the Coasts of New England but that they and every of them shall have full and free power and Libertie to continue and use their said Trade of Fishing upon the said Coasts in any of the seas thereunto adjoyning or any Arms of the said Seas or Salt Water Rivers where they have been wont to fish and to build and set upon the Lands within Our said Province or Collony lying wast and not then possesst by perticuler Proprietors such Wharfes Stages and Workhouses as shall be necessary for the salting drying keeping and packing of their Fish to be taken or gotten upon that Coast And to Cutt down and take such Trees and other Materialls there growing or being upon any parts or places lying wast and not then in possession of particuler proprietors as shall be needful for that purpose and for all other necessary easments helps and advantages concerning the Trade of Fishing there in such manner and forme as they have been heretofore at any time accustomed to doe without makeing any Wilfull Wast or Spoile any thing in these presents conteyned to the contrary notwithstanding.

And Lastly for the better provideing and furnishing of Masts for Our Royall Navy Wee doe hereby reserve to Us Our Heires and Successors all Trees of the Diameter of Twenty Four Inches and upwards of Twelve Inches from the ground growing upon any soyle or Tract of Land within Our said Province or Territory not heretofore granted to any private persons And Wee doe restraine and forbid all persons whatsoever from felling cutting or destroying any such Trees without the Royall Lycence of Us Our Heires and Successors first had and obteyned upon penalty of Forfeiting One Hundred Pounds sterling unto us Our Heires and Successors for every such Tree soe felled cutt or destroyed without such Lycence had and obteyned in that behalfe any thing in these presents conteyned to the contrary in any wise Notwithstanding. In Witnesse whereof Wee have caused these our Letters to be made Patents. Witnesse Ourselves att Westminster the Seaventh Day of October in the Third yeare of Our Reigne.

Increase Mather to John Richards, 26 October 1691

M.H.S, Winthrop Papers. Dated at London. The document is torn and partly illegible.

Sir Henry Ashurst to [? Governor, Council and Representatives], 28 December 1691

A.A.S, Curwin Papers, III, 41. Heavily underscored and marked. Dated at London.

Robert Thomson to William Stoughton, 1 January 1692.

A.A.S. Curwin, III, 33. Dated at Newington.

As to the Corporation the governor and Mr Mather will informe you who was with us in our resolves. And now I mention Mr Mather I can not but admire his indefatigable labor for your Country under all the discoragements he hath mett with even from those that should have assisted him because their moros constated humors weare not complyed with, which causeth my advice to you. That for the future, if you shall have ocation to send Cometioners over you will send such as know our Court and yours, for I believe though your present Cometioners are honest men and great in your generall Courts, yet if it had not bin for Mr Mathers prudence as well as paines you had not had such advantages as you have, in your Charter (as much as they are slighted by them).

Receipt for Massachusetts Great Seal, 22 February 1692.

P.R.O., C.O. 5:857, 2. Entered C.O. 5:905, 397. C.S.P.C. #2066. The endorsement is in Mather’s hand.

The 22nd of February 1692. Received the [sic] of William Blathwayt Esq a Silver seal with a handle with the King’s Warrant appointing the said seal to be for the Publick Use of the Government of their Majesties Province of the Massachusetts-bay in New England which seal and Warrant are to be delivered to Sir William Phips or the Governor in Cheif of that Province for the time being.